9911796707
TMI Blog2001 (8) TMI 685X X X X Extracts X X X X X X X X Extracts X X X X ..... is appeal against the order-in-original passed by the Commissioner of Central Excise (Appeals). 2. In the impugned order, the Commissioner (Appeals), held that the credit taken on consumables including fuels be reversed proportionately with reference to the quantum used in production of exempted final product. The Commissioner also directed the appellants to pay interest and penalty under Sec. 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted final product, was ordered to be reversed without considering the provisions of sub-rule (3) or Rule 57C of the Rules. He, further, submits that Rule 57CC(9) provides that manufacturer shall maintain a separate entry and accounts of receipt and use of inputs except fuel used in or in relation to the manufacture of exempted final product. He, therefore, submits that the appeal be allowed. 4. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eived on 5th February, 2001, but not on account of fuels. They have pleaded that in terms of sub-rule (9) of Rule 57CC, fuels credit was not to be reversed. On a careful perusal of the provisions of sub-rule (9) of Rule 57CC, it is seen that what was exempted was maintenance of separate account for fuel and not proportionate reversal of credit taken on fuels. I am, therefore, not inclined to subsc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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