9911796707
TMI Blog2016 (12) TMI 1319X X X X Extracts X X X X X X X X Extracts X X X X ..... ctly pointed out by the learned counsel that the amount of 8% of the value of the exempted goods is paid off by the respondent on being pointed out that the said amount is due from them and so it is to be noted that the products tractors were dutiable till July 2004 and were exempted by notification due to which there may be confusion - the confirmation of the amounts of 8% of the value of exempte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vat credit of the central excise duty paid on the inputs used. The Central Government by a Notification No. 23/2004-CE dated 9.7.2004 exempted the tractors from payment of duty. It was noticed by the departmental officers that during the period 9th July 2004 to 12th August 2004, respondent has not maintained separate books of accounts for the common inputs consumed in the dutiable and exempted goo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s his submission that the respondent being from organised sector should have maintained separate books of account for the inputs used in exempted and dutiable final products, having not done so, should have paid 8% of the value of the exempted goods cleared by them. 6. Learned counsel submits that on 13.8.2004 itself, the respondent debited the amount equivalent to 8% of the value of the exempted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nfusion. Secondly, we find that the confirmation of the amounts of 8% of the value of exempted goods is not akin any duty which is short levied or short paid. In our considered view, this amount being only in consideration for the utilisation of common inputs, there were no provisions for recovery of the said amounts during the relevant period, more so under the provisions of Section 11 A of the C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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