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TMI Blog2011 (3) TMI 1083X X X X Extracts X X X X X X X X Extracts X X X X ..... pect of input utilized in the manufacture of the final product stand reversed by them - Held that:- As decided in CCE Vs. M/s Ashima Dyecot Ltd. [2008 (9) TMI 87 - HIGH COURT GUJARAT] that if the credit stand reversed, the same amounts as if no credit stand availed on the input, in which case the provisions of Rule 6(3)(b) would not be attracted. Thus for the purpose of stay, the appellant has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .39 lakhs as against confirmed duty of Rs.38,73,719/-. 3. The appellants are manufacturing dutiable as well as exempted goods. As they were not maintaining separate accounts in respect of inputs used in the manufacture of said dutiable as also exempted final products, Revenue entertained a view that they are required to pay an amount of 8% of the value of the exempted goods at the time of clea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the credit stand reversed, the same amounts as if no credit stand availed on the input, in which case the provisions of Rule 6(3)(b) would not be attracted. The said decision of the Hon ble High Court stand approved by Hon ble Supreme Court when the appeal filed by the Revenue was not accepted as reported in 2009 (240) ELT A-41. As such, we are of the view that for the purpose of stay, the appell ..... X X X X Extracts X X X X X X X X Extracts X X X X
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