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TMI Blog2012 (5) TMI 224X X X X Extracts X X X X X X X X Extracts X X X X ..... s by reversing the Cenvat credit account, demand for the recovery of interest under Section 11DD of the said Act, has also no legal basis and is accordingly set aside, penalty under Rule 27 of CER, 2002 is also not legally sustainable - E/1461/07 - - - Dated:- 7-6-2011 - Mr. Ashok Jindal, Mr. P.R. Chandrasekharan, JJ. Appearance: Shri.J.F. Pochkhanwala, Advocate for appellant Shri. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ampings and laminations falling under Chapter sub heading No.8312.00 of the CETA, 1985. The appellants had availed Cenvat credit on inputs, which was used in the manufacture of dutiable goods as well as the goods, which were exempted under Notification No.6/02-CE dated 01/03/2002. As they were not maintaining separate inventory/accounts for the inputs, which are used in the manufacture of dutiabl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , and they have not recovered the amount of 8%/10% of the value of the goods from the said party as is evidenced from the letter of credit issued by their buyers and also as per the excise invoices raised on their buyers. They have recovered only the basic value of the goods and not paid 8%/10% of the value towards reversal of the input duty credit taken. 3.1. They further submit that as per th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... application whatsoever as has been held by this Tribunal in the case of Unison Metals Ltd. 7. In view of the above legal position, the demands for Rs.99,30,346/- towards excise duty plus education cess of Rs.97,778/- for the period from November 2002 to January 2006 under the provisions of Section 11D of CEA,1944 has no legal basis and, accordingly, we set aside the same. Consequently, the dem ..... X X X X Extracts X X X X X X X X Extracts X X X X
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