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TMI Blog2017 (5) TMI 395X X X X Extracts X X X X X X X X Extracts X X X X ..... ct but to also ascertain the exact amount of Cenvat credit qua which reversal has, purportedly, been carried out by the Assessee/ first respondent - appeal allowed by way of remand. - C.M.A.No.219 of 2011, M.P.No.1 of 2011 - - - Dated:- 13-4-2017 - Rajiv Shakdher And R. Suresh Kumar, JJ. For Appellant : Ms.R.Hemalatha For Respondents : Mr.J.Shankarraman ORDER ( Judgment of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had cleared boilers without payment of duty to BARC, Vishakapatnam and Bombay. Initially they had also availed CENVAT credit on some input services which were used in or in relation to the manufacture of the above product. No separate accounts had been maintained for input services. Revenue has invoked Rule 6(3)(b) of the CENVAT Credit Rules 2004 to demand 10% if the net sale price of the exempte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... geable to nil rate of duty and the manufacturer takes credit of the inputs used in the manufacture of both exempted and dutiable final products, the manufacturer shall pay 8% of the price of exempted products unless separate books of accounts are maintained as per sub-rule (9) of Rule 57CC. 12. It is clear from a plain reading of Rule 57CC that where a manufacturer is engaged in the manufactu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ary evidence and a Certificate from the Chartered Accountant or a Cost Accountant, certifying the amount of input credit attributable to the inputs used in or in relation to the manufacture of exempted goods within a period of six months from the date on which the Finance Bill, 2010 received the assent of the President. However, in the present case, even as per the show cause notice and the order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arried out by the Assessee/ first respondent. 6.1. A further direction has also been issued by the Tribunal, which requires verification of the claim made by respondent no. 1/ Assessee, to the effect, that, it is not liable to pay interest, as at the relevant point in time, it had sufficient balance available in the RG 23A account. 6.2. Given the aforesaid position, according to us, no inter ..... X X X X Extracts X X X X X X X X Extracts X X X X
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