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TMI Blog2014 (1) TMI 114X X X X Extracts X X X X X X X X Extracts X X X X ..... now stands amended retrospectively laying down that if an assessee reverses the Modvat Credit in respect of inputs used in the manufacture of final exempted product, there is no need for payment of 10% of amount of value of the exempted products – Assessee has admittedly reversed the credit – Decided against Revenue. - Appeal No. 3289/2005-EX[DB] - FINAL ORDER NO . 56375/2013 - Dated:- 25-4-2013 - Ms. Archana Wadhwa and Shri Rakesh Kumar, JJ. For the Appellant: Ms. Shweta Bector, DR JUDGEMENT Per Ms. Archana Wadhwa; Being aggrieved with the order passed by Commissioner (Appeals), Revenue has filed the present appeal. We have heard Ms. Shweta Bector, learned DR appearing for the Revenue. Nobody appeared for the Respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. Accordingly, the appellants were issued a show cause notice dated 12.03.2004 proposing recovery of an amount of Rs. 48,15,309/- alongwith interest and imposition of penalty on them. In adjudication proceedings, adjudicating authority vide impugned order dated 20.01.2005 confirmed demand of Rs. 48,15,309/- alongwith interest against the appellants and also imposed penalty of Rs. 48,15,309/- on them. 3. On an appeal against the appellate order, the Respondent took a categorically stand that they have reversed input credit of Rs.18,000/- pertaining to inputs used in the manufacture of exempted goods on 9th December, 2003. The said reversal of credit was verified by the jurisdictional Asstt. Commissioner, who accepted the same. For better ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Activated Carbon, High flow/decamol Citric Acid, Castic Soda Flakes, Tomsels/Bleachings for the manufacture of Vanaspati/Refined oil depending upon process of manufacture i.e. physical/manual process. Out of the above mentioned common inputs, the appellants has used hydrogen gas, Nickle Catalyst and Filter bags in the manufacture of both branded/exempted goods on which Cenvat Credit has been availed by the appellants and no separate record of these common inputs have been maintained in their records for the period March 2003 to April 2003. However, the appellants have reversed entire Cenvat Credit availed on hydrogen Gas. Nickle Catalyst and Filter bags amounting to Rs. 18,000/- in RG 23 A Pt. II vide entry No. 344 dated 09.12.2003 which we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... puts used in the manufacture of the final products, provided that credit of duty paid on the inputs used in such exempted products is debited account before the removal of such exempted final products. This circular deals with a case where the manufacturer produces dutiable final products and also final products which are exempt from duty and it is not reasonably possible to segregate inputs utilized in manufacture of the dutiable final products from the final products which are exempt from duty. In such a case, the manufacturer may take credit or duty paid on all the inputs used in the manufacture of final products on which duty will have to be paid. This can be done only if the credit of duty paid on the inputs used in the exempted prod ..... X X X X Extracts X X X X X X X X Extracts X X X X
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