TMI Blog2014 (1) TMI 56X X X X Extracts X X X X X X X X Extracts X X X X ..... Rule 6(3)(i), they cannot take option separately for exempted services as per Rule 6(3A) – the applicants have failed to make a prima case for waiver of amount - the value prescribed as per Rule 6(3) of CENVAT Credit Rules, 2004 is sale price less cost price of goods which is 5% of amount roughly – the applicant has already paid Rs. 95,77,184 - the applicants is directed to make a further deposit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ell as exempted goods or exempted services. Revenue is of the view that the appellant are required to reverse 5% or 6% of the goods/services(exempted during the impugned period) as per Rule 6(3)(i) of CENVAT Credit Rules, 2004. Therefore, impugned proceedings were initiated against the applicants and impugned order has been passed for demand of 5% value of the exempted services provided by them du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l and submitted that as per Rule 6(3)(i) of CENVAT Credit Rules,2004 they are required to pay 5% of the value of the exempted goods and exempted services. If they are not following this Rule, they can opt for Rule 6(3A) but they cannot opt for payment of exempted goods under 6(3)(i) and Rule 6(3A) for exempted services as per their choice. Accordingly, they are required to pay demands confirmed ag ..... X X X X Extracts X X X X X X X X Extracts X X X X
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