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TMI Blog2016 (9) TMI 628X X X X Extracts X X X X X X X X Extracts X X X X ..... By way of notification No.25/2008 dt. 296.04.2008, the E-bikes were exempted from levy of duty, but the assessee preferred to pay 10 % value of the e-bikes on their clearance even after exemption notification of the premise that as assessee is manufacturing both e-bikes and parts thereof and parts are dutiable and assessee is not maintaining separate account of inputs of dutiable as well as exempted final products, therefore, as per Rule 6(3) of the Cenvat Credit Rules, 2004, the assessee is required to reverse 10% of the value of the exempted goods. The Revenue is of the view that as assessee is manufacturing e-bikes which has been exempted from levy of duty on 29.04.2008, therefore, they are not liable to pay duty on e-bikes and the cenva ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xempted goods, therefore, the assessee was paying 10% of the value of e-bikes at the time of their clearance and clearing parts of e-bikes on payment of duty by utilizing their cenvat account. In that circumstances, the allegation of the Revenue is not sustainable that the credit lying in their cenvat account on 29.04.2008 shall lapse in terms of Rule 11(3) of the Cenvat Credit Rules, 2004. 5. On the other hand, ld. DR submits that the assessee was manufacturing only e-bikes and same has become exempted. In the registration certificate also the appellant has shownthat they are manufacturing e-bikes, in that circumstances the cenvat credit lying in the cenvat credit account on 29.04.2008 shall lapse in terms of Rule 11(3) of the Cenvat cred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e main issue required to be deliberated upon is whether the accumulated credit lying their RG-23a Part-II accounts stands lapsed after the E-bikes were exempted from payment of duty under Notification No. 25/2008-CE dated 29.04.2008 effective from 29.04.2008. Department is of the view that since E-bikes are exempted w.e.f. 29.04.2008, therefore, credit lying in appellants RG-23A Part-II stood lapsed in view of Rules 11(3) (ii) of the Credit Rules. On the other hand appellants have argued that they are manufacturing two products namely E-bikes and parts of E-bikes. The latter gets manufactured as per Section 2(f)(iii) of the Act read with third schedule to the Central Excise Act and Notification No. 2/2006-CE(NT) dated 01.03.2006 or Notifica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lectrically operated bikes (E-bikes) falling under Central Excise Tariff heading 87119091 are manufactured by them. Appellants have also enclosed Form ER-1 with their appeal memorandum which is a monthly return for production and removal of goods for the month of March, 2009. Er-1 filed by the appellants with the department, clearly indicates E-bikes parts, falling under Central Excise Tariff Heading 8714, cleared during the relevant period alongwith the rate of duty and amount of duty paid in the relevant columns of ER-1 returns filed. Further, the returns filed by the appellants indicate the quantity manufactured, quantity cleared and the assessable value. In view of the above factual details, it cannot be said that Appellants were not ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y records. 71. However, as per para 3(iii) above appellants started importing E-bikes in CKD condition w.e.f. 01.07.2008 vide Bill of Entry No. 531 dt. 01.07.2008. It means part in CKD condition which distinguished from other common parts like batteries etc. The CKD parts were, therefore distinguishable and relatable to the finished E-bikes. The credit with respect to such CKD part lying as such or in works-in-progress or those contained in the finished E-bikes as on 29.04.2008 was required to be reversed under the Credit Rules. To that extent impugned orders is required to be upheld alongwith interest due under Section 11AB of the Act. The remaining credit lying in their accounts as on 29.04.2010 on account of accumulation credit or due t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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