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TMI Blog2006 (7) TMI 514X X X X Extracts X X X X X X X X Extracts X X X X ..... e Respondent. [Order per : T.K. Jayaraman, Member (T)]. This appeal has been filed against the OIO No. 01/2004 dated 6-2-2004 passed by the Commissioner of Central Excise, Bangalore-III Commissionerate. 2. The appellants manufacture Steam Turbines and Gas Turbines. They avail exemption under Notification No. 6/2002-C.E., dated 1-3-2002 in respect of certain goods. Since they are availi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... supra. The amount to be reversed in accordance with the Board s Circular works out to Rs. 59,24,356/-. We reproduce Annexure-A, indicating the calculation of amount to be reversed. Annexure-A Sl. No Name of the customer Invoice No. Date Value Amount reversed as per Rule 6 of Cenvat Credit Rules but collected from the customer Total price charged to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri Lalitha Enterprises 797/24-12-2002 3600000.00 311040.00 3911040.00 312883.20 TOTAL 68165000.00 5889456.00 74054456.00 5924356.48 The Show Cause Notice proposes to demand the entire amount of Rs. 59,24,356/- under Rule 6 read with Rule 12 of Cenvat Credit Rules, 2002 read with Section 11A of Central Exci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entire amount. The Adjudicating Authority has also not applied her mind and demanded the entire amount. Thus, the Show Cause Notice as well as the Adjudication Order betray the non-application of mind. In our view, the appellant has reversed more than adequate amount as the Rule contemplates reversal of 8% of the sale price only. In the present case, it is stated in the Show Cause Notice that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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