TMI Blog2016 (9) TMI 367X X X X Extracts X X X X X X X X Extracts X X X X ..... CESTAT, NEW DELHI], assesses have reversed the credit relatable to the inputs used in the manufacture of exempted goods cleared by those assesses. Accordingly Appeal filed by the Appellant is allowed subject to the condition that proportionate credit with respect to inputs used in the manufacture of finished goods exempted under Notification No.10/97-CE dated 16.03.1997, should be reversed/paid by the Appellant along with 24% interest, if not already paid/reversed. - Decided conditionally in favour of appellant - Appeal No. E/836/11 - Order No. FO/75995/2016 - Dated:- 7-9-2016 - Shri H. K. Thakur, Member ( Technical ) Shri K.K.Banerjee, Advocate for the Appellant Shri A.Roy, Supdt.(AR) for the Revenue ORDER Per Shri H. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reversed proportionate Cenvat Credit pertaining to the exempted goods cleared by the Appellant. That subsequently under the Finance Act, 2010, a provision was added in Rule 6 of the Cenvat Credit Rules under Section 72 of the Finance Act, 2010 read with the 7th Schedule of the said Finance Act. That according to the amendments carried out, an assessee was required to reverse the credit attributable to the inputs used in the manufacture of exempted goods along with 24% interest from the due date till the date of payment of said amount. 4. Heard both sides and perused the case records. 5. The issue involved in the present proceedings is whether dutiable finished goods manufactured by the Appellant will be another category of manufacture ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ibunal. Accordingly, the appeal filed by the Revenue is dismissed. 5.1 In the above case law CESTAT, Chennai has relied upon the case law of CESTAT Delhi in the case of Mukerian Papers Ltd. v. Commissioner of C.Ex., Chandigarh (supra), where similar view was held by the Tribunal in respect of Rule 57AD of the Central Excise Rules, 1944 read with exemption Notification No.6/2000-CE dated 01.03.2000. In the absence of any contrary case law brought on record Appeal filed by the Appellant is required to be allowed on merits. However, it has been correctly mentioned by learned AR that in both the relied upon case laws decided by Tribunal in the cases of Commissioner of Central Excise, Chennai v. Magtorq (P) Ltd. (supra) and Mukerian Papers ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
