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TMI Blog2016 (1) TMI 695X X X X Extracts X X X X X X X X Extracts X X X X ..... emption. Provisions of Rule 6(3) are applicable in this case and the assessee having deposited an amount of ₹ 2,43,600/- on the direction of the Tribunal, they can be extended the benefit provisions of Rule 6(3), regarding the procedure rule followed or opt to reverse the CENVAT Credit attributable to CENVAT Credit. This Tribunal in the case of Mercedes Benz India Ltd. [2015 (8) TMI 24 - CES ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... et aside. - Appeal No. E/1789/10 - - - Dated:- 16-11-2015 - M. V. Ravindran, Member (J) For the Appellant : Shri Rajesh Ostwal, Adv For the Respondent : Shri S V Nari, Supdt. (AR) ORDER Per M V Ravindran This appeal is directed against Order-in-Appeal No. YDB/396/M-II/2010 dated 14.7.2010 passed by the Commissioner of Central Excise (Appeals), Mumbai. 2. Heard both side ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 43,600/- when the stay petition was heard. Hence, that amount can be considered as an amount of CENVAT credit attributable to inputs used in the exempted goods. It is also his submission that provisions of Rule 3 of Cenvat Credit Rules, 2004 would apply in this case wherein it is mandatory to reverse CENVAT Credit attributable to the inputs used in the exempted goods. 4. Learned AR reiterates t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... I accept the proposition that the amount to be reversed is an amount of CENVAT Credit attributable to the inputs consumed in the manufacture of finished goods, accordingly I allow the appeal filed by the appellant to that extent and hold that the lower authority shall work out the interest payable on amount of ₹ 1,90,160.91 and adjust the amount of CENVAT Credit to the already paid of ₹ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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