9911796707
TMI Blog2016 (12) TMI 150X X X X Extracts X X X X X X X X Extracts X X X X ..... 1.03.2005, the vanaspati became exemption for the payment of duty therefore, from 01.03.2005, the respondent is required to maintain separate account of inputs used in manufacturing of dutiable as well as final exempted product, but the Ld. Commissioner (A) in the impugned order has observed that the cenvat credit on inputs lying in stock as contained in exempted final finished goods i.e. vanaspat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER The Revenue is in appeal against the impugned order. 2. The facts of the case are that the respondent was manufacturing Vanaspati, Fatty Acids Refind oils and have been availing cenvat credit of the duty paid on inputs namely palm oil and packing material, which was common for all the products manufactured by the respondent. Vide Notification No. 4/2005 dated 01.03.2005, the V ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vat credit was availed and did not maintain separate records for cenvatable inputs used in manufacture of dutiable and exempted goods, as required under Rule 6 of the Cenvat Credit Rules, therefore, the respondent was required to pay 10% of the total price (excluding taxes) at the time of clearance of exempted goods as per Rule 6(3)(b) of the Cenvat Credit Rules, 2004. In this set of facts, a show ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red to pay 10% of the value of exempted goods. 4. Heard the parties and considered the submissions. 5. In this case till 28.02.2005, the respondent was not manufacturing exempted goods. W.e.f 01.03.2005, the vanaspati became exemption for the payment of duty therefore, from 01.03.2005, the respondent is required to maintain separate account of inputs used in manufacturing of dutiable as w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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