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TMI Blog2013 (12) TMI 1235X X X X Extracts X X X X X X X X Extracts X X X X ..... eir clearance from the factory" - by Notification No.10/2008-CE(NT), dated 01.03.2008 (effective from 01.04.2008), the manufacturer has an option to pay 10% of the value of the exempted goods or pay the amount equivalent to the CENVAT credit attributable to inputs/input services based on a formula under clause (b) of sub-rule 3(A) of Rule 6 of the said Rules - Rule 6 was amended retrospectively by the Finance Act, 2010 - the applicant had already reversed the credit of Rs.97,85,380 - the applicant is directed to deposit a further amount of Rupees Twenty Lakhs as pre-deposit – upon such submission rest of the duty to be waived till the disposal – Partial stay granted. - E/380/2011 - - - Dated:- 25-2-2013 - Pradip Kumar Das And Mathew John ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hile, they cleared the part of the goods on payment of duty and balance of the goods were cleared without payment of duty by availing Exemption Notification No.6/2006-CE, dated 01.03.2006. It has been alleged that during the period from Feb.'08 to Dec.'08, the applicant had not followed the procedure under Rule 6(3) (b) of the CENVAT Credit Rules, 2004, insofar as, they are liable to pay 10% of the value of total price of the finished goods, which were cleared without payment of duty by availing the Exemption Notification No.6/2006-CE. The learned Commissioner confirmed the demand and ordered recovery of Rs.1,00,28,716/- under Rule 14 of the CENVAT Credit Rules, 2004 read with Section 11A of the Central Excise Act, 1944 along with interest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... records, it is seen that Rule 6(3)(b) of the said Rules (as it stood upto 31.03.2008), "if the exempted goods are other than those described in condition (a), the manufacturer shall pay an amount equal to 10% of the total price, excluding sales tax and other taxes, if any, paid on such goods, of the exempted final product charged by the manufacturer for the sale of such goods at the time of their clearance from the factory". Subsequently, by Notification No.10/2008-CE(NT), dated 01.03.2008 (effective from 01.04.2008), the manufacturer has an option to pay 10% of the value of the exempted goods or pay the amount equivalent to the CENVAT credit attributable to inputs/input services based on a formula under clause (b) of sub-rule 3(A) of Rule ..... X X X X Extracts X X X X X X X X Extracts X X X X
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