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2016 (11) TMI 575 - CESTAT NEW DELHI

2016 (11) TMI 575 - CESTAT NEW DELHI - TMI - Reversal of CENVAT credit - inputs relatable to such ore cleared without payment of duty - Held that: - the appellant reversed the credit attributable to the exempted clearances, as such the substantial compliance with reference to Rule 6 has been recorded. However, we note that there is a delay in reversing the proportionate credit by the appellant. The liability of interest for the delayed reversal of credit is confirmed against the appellant. Excep .....

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for the Respondent. Per: B. Ravichandran: The appeal is against the order dated 11.09.2012 of Commissioner of Central Excise, Jaipur-II. The appellants are engaged in the manufacture of non ferrous metals like zinc, lead, cadmium, silver etc. The raw material required is ore which is mined from various captive mines of the appellant. Ore and concentrates are dutiable products but were exempted under Notification No. 4/2006-CE dated 01.03.2006. Generally, appellants are using the ore captively. .....

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nts in the month of March, 2011. It is their case that since reversal to the proportionate credit attributable to the exempted clearances, both in respect of inputs and output services, have been done, no further liability arises. However, the department proceeded against the appellant on the ground that they have not followed the procedure prescribed under Rule 6 and accordingly they are liable to pay 5% of value of exempted goods in terms of provisions of Rule 6 (3) of Cenvat credit Rules, 200 .....

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onth of March, 2011. They have admitted the delay in reversal. However, this by itself will not attract the payment of 5% on the value of exempted goods. 3. Ld. AR reiterated the findings of the lower authorities. We have heard both the sides and perused appeal records. The only point for decision is liability of the appellant to pay an amount equal to 5% on the value of exempted ore cleared by them in terms of Rule 6(3) of Cenvat Credit Rules. The admitted facts are that the appellants were rev .....

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