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TMI Blog2017 (3) TMI 1441X X X X Extracts X X X X X X X X Extracts X X X X ..... ound that separate accounts were not maintained - demand set aside - appeal dismissed - decided against Revenue. - E/186/2008-Ex(DB) - A/60361/2017-EX[DB] - Dated:- 1-3-2017 - Mr. Ashok Jindal, Member (Judicial) And Mr. Devender Singh, Member (Technical) For the Appellant : Sh. Vijay Gupta, AR For the Respondent : Shri Krati Somani, Advocate ORDER Per Ashok Jindal The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er Rule 6(3)(b) of the Credit Rules, the respondent is required to pay 10% of the total price of the exempted goods clear by them. The show cause notice was adjudicated and the Ld. Commissioner hold that as the appellant is not availing the cenvat credit of furnace oil used in manufacturing of exempted final product, therefore, the demand is not sustainable against the respondent and the proceedin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t credit on furnace oil used in manufacture of final exempted product as per the formula and dropped the proceedings. In that circumstance, relying on the decision of Cadila Healthcare Ltd. reported in 2009 (248) ELT 311 (Tri. Ahmd.) wherein this Tribunal has observed as under: 2. Our attention stands drawn to the findings of the adjudicating authority, which are to the effect that the not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bench decision of the Tribunal in the case of Nicholas Piramal (India) Ltd. reported in 2008 (232) ELT 37 (Tri.-LB) = 2008-TIOL-1877-CESTAT-Mumbai (L.B.) is to the effect that even the entire credit is taken, it is sufficient if at the time of removal of the exempted products, proportionate input credit is reversed. In any case, the credit availed is only to the extent for which they are eligibl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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