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TMI Blog2017 (11) TMI 16X X X X Extracts X X X X X X X X Extracts X X X X ..... have complied with this obligation - credit allowed. CENVAT credit - denial on the ground that Hydroxy Chloroquine Sulphate (HCQS) [medicine] is not dutiable - Held that: - when the duty has been accepted on the final product by the Department, then the assessee-Respondents are entitled for the Cenvat Credit which was rightly allowed by the adjudicating authority - credit allowed. Appeal dismissed - decided against revenue. - Excise Appeal No.3874 of 2010 - A/56755/2017-EX[DB] - Dated:- 19-9-2017 - Mr. (Dr.) Satish Chandra, President And Mr. V. Padmanabhan, Member (Technical) (Rep by Sh. R.K. Mishra, DR) for the Appellant (Rep. by Sh. Hemant Bajaj, Adv.) for the Respondent ORDER Per: (Dr.) Satish Chandra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re of dutiable final product as well as exempted final product. During the period of dispute, the total Cenvat credit attributable to these common input service is ₹ 15,52,417/-. However, there is no dispute that during previous financial year, the proportion of the turnover of exempted final product was 70% and on this basis during the period of dispute, the appellant have foregone 70% of the Cenvat credit in respect of these six common input services and accordingly, have availed Cenvat credit of ₹ 4,65,725/- attributable to the input services used in or in relation to the manufacture of the dutiable final product and have foregone the Cenvat credit of ₹ 10,86,692/- in respect of the services used for exempted final prod ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... during the period of dispute the option of paying an amount equal to 10% of the sale value of the exempted goods cannot be forced upon the appellant and the appellant would be entitled to reverse the Cenvat credit attributable to the inputs/input services used in or in relation to the manufacture of the exempted final product. According to the appellant, they have not taken and have foregone the Cenvat credit attributable to the quantum of input services, attributable the turnover of exempted final product and this fact is not disputed. The Commissioner does not even dispute the quantum of the credit foregone. Once, the appellant have foregone the proportionate Cenvat credit in respect of input services used in or in relation of the manufac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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