2017 (2) TMI 830

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..... icament, it is a statutory requirement to maintain the batch records which the appellant is maintaining. They are also maintaining Bin cards for the consumption of the inputs. On the basis of that record, the appellants have been reversing the credit proportionate to the inputs used in the exempted goods - appeal allowed - decided in favor of appellant. - E/1543/06 - A/85550/17/SMB - Dated:- 27-1 .....

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..... excipient used in the manufacture of exempted medicaments. The adjudicating authority confirmed the demand for an amount of 8% of the value of the exempted goods on the ground that the appellant have not followed the procedure as laid down in Rule 6(2) of Cenvat Credit Rules inasmuch they have not maintained the separate account. Therefore, the only option is to pay 8% of the value of the goods. .....

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..... dit Rules, 2004. He submits that once the proportionate cenvat credit has been reversed it is as good as non-availment of credit. Therefore, further demand of 8% is not legal and proper. In support, he placed reliance on the following judgment. 1) Wonderax Laboratories - 2005 (186) ELT 427 (Tri), approved by the Delhi High Court in 2010 (255) ELT 60 (Del) and approved by the Supreme Court in 2 .....

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