TMI Blog2014 (8) TMI 249X X X X Extracts X X X X X X X X Extracts X X X X ..... It is also not in dispute that the Applicant had neither maintained separate records nor exercised their option for reversal of the proportionate CENVAT Credit, attributable to inputs that were used in the manufacture of inputs/input services of the exempted goods as per Rule 6(3)(ii) of the CENVAT Credit Rules, 2004. Also, prima facie, we find that the Department in computing the proportionate c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i Raghavan, Shri Abhisek Anand and Haesh Shukla,CA Advs. For the Respondent : Shri S Misra, AR (ADDL.COMMR.) PER : D M Misra This is an Application seeking waiver of duty of ₹ 2,62,14,660/- and equal amount of penalty imposed under Rule 15(2) of the CENVAT Credit Rules, 2004 read with Section 11AC of the Central Excise Act, 1944. 2. At the outset, ld. Advocate, Shri Ravi Rag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he said Rules, they would not be eligible to reverse the proportionate credit on inputs and input services, attributable to the exempted final products. Further, it is his submission that the ld. Commissioner had not accepted their quantification of the proportionate credit on inputs and input services that had been utilized in the manufacture of final products on the basis of the Range Superinten ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at in view of the findings recorded by the ld. Commissioner, the reversal of proportionate credit on inputs incorrect. 4. Heard both sides and perused the records. We find that admittedly, the Applicant had availed the CENVAT Credit on inputs and input services, which were used in or in relation to the manufacture of both dutiable and exempted final products. It is also not in dispute that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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