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TMI Blog2017 (7) TMI 678X X X X Extracts X X X X X X X X Extracts X X X X ..... fication. The credit attributable to the inputs used for zinc Sulphate have been reversed and as verified by the Jurisdictional officer, the Original Authority gave his finding - exemption allowed. Quantification of proportionate credit - Held that: - It is not the date of receipt of inputs, which is relevant to calculate the proportionate credit. The credits, irrespective of the rate of receip ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rought zinc ingot, zinc Sulphate micronutrient, zinc oxide etc. which are liable to Central Excise duty. They were also availing credit of duty paid of inputs in terms of Cenvat Credit Rules, 2004. The dispute in the present case relates to eligibility of the respondent for exemption to zinc Sulphate manufactured and cleared by them during the period January 2007 to 08/10/2007. The zinc Sulphate w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the reversal of credit is with reference to another proceedings which are still pending in appeal with the Tribunal. The reversal was made under protest. In such situation, the benefit of the above notification cannot be extended to the respondent. Secondly, the quantification of proportionate credit has not been properly made. The inputs received during the impugned period alone is conside ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... heard both the sides and perused the appeal records. We find, on the legal principles examined by the Original Authority, the respondents are rightly eligible for the exemption under the said notification. The credit attributable to the inputs used for zinc Sulphate have been reversed and as verified by the Jurisdictional officer, the Original Authority gave his finding. However, the point raised ..... X X X X Extracts X X X X X X X X Extracts X X X X
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