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TMI Blog2013 (10) TMI 561X X X X Extracts X X X X X X X X Extracts X X X X ..... l of credit is required - If that be so, the condition of Notification No.67/95-CE requiring discharge of obligation in terms of Rule 6 of Cenvat Credit Rules stands fulfilled - the appellant is not required to pay any percentage prescribed under the law on the value of exempted final products - Prima facie, the benefit of notification No.67/95 is available to the appellant. Relying upon Thermo Cables vs. CCE, Hyderabad [2013 (1) TMI 146 - CESTAT BANGALORE] and BHEL vs. CCE, Trichy [2012 (10) TMI 105 - CESTAT, CHENNAI ] - the goods cleared against International Competitive Bidding in terms of Notification No.6/2006 prima facie are covered under exception to Rule 6 of Cenvat Credit Rules, 2001 - As such, the benefit of notification 67/95- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve gone into manufacture of such exempted final products and are not entitled to the benefit of captive consumption under notification No.67/95-CE dated 16.3.95 and the appellant is required to pay duty on the same. Accordingly the proceedings were initiated resulting in confirmation of duty demand to the tune of Rs.2.08 crores approximately and Rs.2.57 crores approximately in the other case. The penalty of equivalent amount was also imposed on them. 3. After hearing both sides, we find that the issue requires to be decided in the present stay petitions is as to whether the benefit of notification No.67/95-CE dated 16.3.95 would be available to aluminium slabs which have gone into the manufacture of aluminium sheets, which are cleared wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l competitive bidding in terms of Notification No.6/2006 dated 1.3.2006. As such, if the goods are cleared against International Competitive Bidding in terms of Notification No.6/2006 dated 1.3.2006, the provisions of sub-rules (1), (2), (3) (4) of Rule 6 shall not be applicable to the clause (vi) of Rule 6. As such, no reversal of credit is required. If that be so, the condition of Notification No.67/95-CE requiring discharge of obligation in terms of Rule 6 of Cenvat Credit Rules stands fulfilled. As such, the appellant is not required to pay any percentage prescribed under the law on the value of exempted final products. As such, prima facie, the benefit of notification No.67/95 is available to the appellant. 6. After having held prima ..... X X X X Extracts X X X X X X X X Extracts X X X X
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