9911796707
TMI Blog2018 (6) TMI 1248X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent ORDER Per Anil Choudhary: The issue involved in these two appeals is identical. Accordingly, the same are taken up for hearing together and a common order is being passed. 2. The issue in these appeals relates to demand of Cenvat credit by way of reversal under the provisions of Rule 6(3) of CCR, 2004. 3. The appellant - M/s Oil India Ltd. is a Public Sector Undertaking engaged in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2011 to 12/13) 175,00,94,134/- (b) Value of excisable goods (Value of condensate cleared during 4/2011 to 12/13) 1,92,70,993/- (c) Total value (a) + (b) 176,93,65,127/- (d) Total Cenvat credit availed during 4/2011 to 12/2013 27,05,158/- (e) Total Cenvat credit attributable towards Exempted goods d/c X a 26,75,694/- 5. Vide a separate impugned orders, the proposed demand of Cenvat c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ensate cleared During 1/2014 to 08/14) 56,53,985/- (c) Total value (a) + (b) 42,30,58,147/- (d) Total Cenvat credit availed during 1/2014 to 10/2014 34,37,832/- (e) Total Cenvat credit attributable towards Exempted goods d/c X a 33,91,887/- 8. The ld. Counsel have also stated that the issue is no longer res integra, is squarely covered by Hon'ble Rajasthan High Court in CCE Vs. Secur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellants have reversed the proportionate credit attributable to the exempt turn over based on the order of the Court below. Accordingly, we allow these appeals and set aside the impugned order to the extent amount have been demanded under Rule 6(3) of CCR, 2004. We also set aside the penalty imposed. The appellants shall be entitled to consequential benefit. (Dictated & pronounced in open Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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