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TMI Blog2015 (12) TMI 1595X X X X Extracts X X X X X X X X Extracts X X X X ..... oods” - Held that:- We find the provision of sub-rule (4) of Rule 3 and the subsequent clarifications of the Board are very clear. The amount of duty on the goods cleared as such on which Cenvat credit was availed earlier by the manufacturer will be governed by the said Rules. We do not find any reason to interpret “such goods” or “said goods” in this situation. The goods on which credit has been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which credit has been availed, as such, on payment of duty at the rate applicable at the time of clearance in terms of Rule 3(4) of Cenvat Credit Rules, 2002. Proceedings were initiated against them on the ground that they have paid lesser amount than the credit availed on such inputs. The Original Authority confirmed a demand of ₹ 45,665/- with equal penalty. On appeal, vide the impugned o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... removed as such the manufacturer shall pay an amount equal to duty of excise which is leviable on such goods at the rate applicable to such goods on the date such removal and on the value determined for such goods in terms of Section 3/4/4A, as applicable. 4. We have heard both the sides and examined appeal records. We find the provision of sub-rule (4) of Rule 3 and the subsequent clarificatio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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