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TMI Blog2018 (10) TMI 529X X X X Extracts X X X X X X X X Extracts X X X X ..... iron ore fines generated by the appellant during the process of manufacture of final products viz; Sponge iron - On the very same issue in the case of Maa Mangla Ispat Pvt. Ltd. [2013 (5) TMI 268 - CESTAT NEW DELHI], the Principal Bench of CESTAT has decided that Rule 6(3) of CCR 2004 does not apply because iron ore fines are not manufactured let alone being exempted - the first appellate authori ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, iron ore fines gets generated which is a waste product but it has marketable value. During audit, the assessee was asked to reverse CENVAT credit under rule 6(3) of CCR 2004 to the extent they have gone into the value of iron ore fines on the ground that they were exempted. Appellant assessee did not dispute and reversed the credit of an amount of about ₹ 10.00 lakhs. They have also filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ggrieved, the appellant filed an appeal before the first appellate authority which was dismissed and the Order-in-Original was upheld. Hence this appeal. 4. Ld. Counsel for the appellant submits that they had contested the demand both on merits as well as on limitation before the first appellate authority. They further contested that no penalty can be imposed on them alleging suppression of fac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ged to have illegally gained any amount by violation and therefore the extended period of limitation cannot be sustained. However, in the findings, the first appellate authority has only considered the aspect of imposition of penalty and has not examined the contention of the appellant on merits that they were not required to reverse duty under Rule 6(3) on the value of iron ore fine generated by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the very same issue in the case of Maa Mangla Ispat Pvt. Ltd. [2017(49)STR 503 (Tri.-Del.)] and Aarti Sponge Power Limited [2017(350)ELT 268 (Tri.-Del.)], the Principal Bench of CESTAT has decided that Rule 6(3) of CCR 2004 does not apply because iron ore fines are not manufactured let alone being exempted. I find that the first appellate authority has not considered this aspect at all. 7. I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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