TMI Blog2016 (1) TMI 695X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 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 sides and perused the records. 3. The issue involved in this case is regarding the confirmation of demand of an amount equivalent to 10% of the value of exempted goods cleared by the appellant under invoice dated 16.4.2008 claiming the exemption under Not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case wherein it is mandatory to reverse CENVAT Credit attributable to the inputs used in the exempted goods. 4. Learned AR reiterates the findings of the lower authorities. 5. On perusal of the records and certificate which was produced before me today, I find that the appellant has already reversed Rs. 1,90,160.91 which is attributable to the inputs used for manufacture of goods cleared under e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the interest payable on amount of Rs. 1,90,160.91 and adjust the amount of CENVAT Credit to the already paid of Rs. 2,43,600/- and interest thereof, from the deposit already made by the appellant on the direction of the Tribunal and if any interest is recoverable the same be recovered from the appellant. As regards the penalty, it is held that in the facts and circumstances of the case the same ..... X X X X Extracts X X X X X X X X Extracts X X X X
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