TMI Blog2016 (3) TMI 154X X X X Extracts X X X X X X X X Extracts X X X X ..... ledges that the entire Cenvat credit taken on inputs during the period August 2003 to July 2004 was paid back by the appellant on 7th August 2004 alongwith interest. This being the factual position as per record. He concluded that there was no need for issue of any show cause notice to recover the amount equal to 8% of value of exempted goods. He also observed that the exempted goods were actually ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 2006 with C.O. No. 218 of 2006 - Final Order No. 52873/2015 - Dated:- 14-9-2015 - SHRI ASHOK JINDAL, MEMBER (JUDICIAL) AND SHRI B. RAVICHANDRAN, MEMBER (TECHNICAL) For the Petitioner : Shri S. Nanchuk, Authorized Representative (Jt. CDR) For the Respondent : None. ORDER PER. B. RAVICHANDRAN :- The Revenue filed this appeal against the order dated 26/04/2006 of the lea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anufacture of dutiable as well as exempted items manufactured by them, he confirmed the recovery of 8% of value of exempted goods in terms of Rule 6 (2) (b) of Cenvat Credit Rules, 2002. Aggrieved by the said order, the assessee filed appeal before the Commissioner (Appeals) who set aside the original order and allowed their appeal. Aggrieved by the said order, the Revenue is before us in appeal. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at there was no need for issue of any show cause notice to recover the amount equal to 8% of value of exempted goods. He also observed that the exempted goods were actually by-products generated during the course of manufacture of refined oil and there was no need for reversal of any credit in view of supplementary instructions contained in CBEC Excise Manual readwith Board Circular dated 03/04/20 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
