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2015 (10) TMI 1132 - CESTAT AHMEDABAD

2015 (10) TMI 1132 - CESTAT AHMEDABAD - TMI - Denial of exemption claim - Notification No.2/2001-CE, dt.27.01.2001 and Notification No.16/2001-CE, dt.26.03.2001 - Held that:- In de-novo proceedings, the Commissioner of Central Excise, accepted the reversal of credit on the inputs in respect of the clearance of the exempted goods and dropped the proceedings. This fact was not disputed by both the sides. We find that from the impugned order that the period of dispute in the present two show cause .....

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al No.E/822/2007-DB - Order No. A/10333 / 2015 - Dated:- 16-4-2015 - MR. P.K. DAS AND MR. H.K. THAKUR, JJ. For The Appellant: Shri Alok Srivastava, Authorised Representative For The Respondent: Shri Saurabh Dixit, Advocate Per: P.K. Das 1. The Respondents were engaged in the manufacture of Cement and Clinkers. During the scrutiny of the RT-12 returns, it was noticed that they had cleared the Cement by availing exemption Notification No.2/2001-CE, dt.27.01.2001 and Notification No.16/2001-CE, dt. .....

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ed in the manufacture of Cement cleared without payment of duty for earthquake relief. By the impugned order, dt.30.03.2007, the Commissioner of Central Excise, Bhavnagar dropped the proceedings against the two show cause notices in respect of demand of duty on Clinkers. But, he confirmed the demand of the amount of 8% of the value of the finished product under Rule 6 of CENVAT Credit Rules. 2. The Assessee filed the appeal before the Tribunal against the confirmation of demand of amount of 8% o .....

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