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TMI Blog2008 (6) TMI 458X X X X Extracts X X X X X X X X Extracts X X X X ..... ondent. [Order per : M. Veeraiyan, Member (T)]. We heard both sides on the stay petition. 2. The relevant facts in brief are as follows :- (a) The applicant is manufacturing inter alia writing and printing paper. A portion of the printing paper or variety of printing paper is being sold for printing text books and the printing paper so cleared are exempted. (b) The paper ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tained a separate account for receipt, consumption and inventories of inputs meant for use in the manufacture of dutiable products and quantity of products meant for manufacture of exempted products and hence they have not fulfilled the condition under Rule 6(2) of the Cenvat Credit Rules. He vide his impugned order, ordered recovery of Rs. 2,37,71,547/- being 10% of the exempted products namely ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l for a subsequent period given the stay vide order dated 19-6-2007 which relates to the period December, 2004 to December, 2005. He also relies on decision in the case of Sri Ramachandra Paper Boards Ltd. v. CCE, Visakhapatnam-II [2007 (218) E.L.T. 386 (T) = 2008 (84) RLT 32 (Cestat-Ban)] wherein it has been held that even when the common inputs are stored together, payment of 8% amount in terms ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubted the veracity of the amount i.e. Rs. 82 lakhs being the credit attributable to inputs which have gone into exempted products. 5. We have carefully gone through the submissions from both sides and perused the records. The intention of Rule 6 prescribing maintenance of separate accounts appears to avoid mix up of inputs going for dutiable products and the inputs going for exempted products. T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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