TMI Blog2016 (1) TMI 430X X X X Extracts X X X X X X X X Extracts X X X X ..... xemption from payment of duty in respect of newsprint paper and discharged appropriate duty liability on the Kraft paper - worksheet attached to the show cause notice that 87% of the final products manufactured by the appellant are cleared availing exemption from payment of duty. It is the case of the appellant that they had initially reversed the Cenvat credit proportionate to the exempted goods ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Impugned order is set aside - Decided in favour of assessee. - Appeal No. E/1149/12 - - - Dated:- 14-10-2015 - M. V. Ravindran, Member (J) And C J Mathew, Member (T) For the Appellant : Shri G L Deshpande, Adv For the Respondent : Shri Hitesh Shah, Commr (AR) ORDER Per M V Ravindran This appeal is directed against the order in original number 35/2012/C dated 16.05.2012 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and confirmed the demands with interest and also imposed penalties. 3. Learned Counsel would submit that the appellant has reversed an amount equivalent to the Cenvat credit of the input services attributable to the percentage of production manufactured and cleared by them of dutiable and exempted goods. He would draw our attention to the said details which are annexed to the show cause notice. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cleared newsprint paper and Kraft paper. Appellant claimed exemption from payment of duty in respect of newsprint paper and discharged appropriate duty liability on the Kraft paper. 5.1 It is also seen from the records, more specifically, the worksheet attached to the show cause notice that 87% of the final products manufactured by the appellant are cleared availing exemption from payment of du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tax paid on the common input services, we find that further demanding any amount from him is not in consonance with the law. 5.3 In view of the foregoing, we uphold the amount that has been reversed as an amount of the Cenvat credit availed on common input services along with interest. The penalties sought to be imposed on this count are unwarranted as the lower authorities have not considered ..... X X X X Extracts X X X X X X X X Extracts X X X X
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