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TMI Blog2004 (3) TMI 225X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee vide which he has challenged the confirmation of duty on clinker and imposition of the penalty. While the other Appeal No. E/3340/2003-NB(S) has been filed by the Revenue challenging the correctness of a part of the impugned order of the Commissioner (Appeals) dropping the demand regarding 8% of the value of the goods for having availed the Modvat credit on the inputs used in the exempted g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not pay any duty on clinkers used by them captively in the manufacture of such cement cleared by them under the above said exemption Notification No. 2/2001. 3. Through the impugned order, the Commissioner has dropped the recovery of 8% but confirmed the duty payable on clinkers. So far as confirmation of duty on clinkers is concerned, in my view, it has been rightly confirmed as the assessee w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he cement manufactured and cleared on payment of duty. Since the assessee failed to maintain such a record, the reversal of the credit by them on pro rata basis could not be accepted. The assessee was required to pay 8% of the value of exempted goods. The plea of the assessee that the amount at that rate payable would come to more than duty exemption allowed on the cement cleared under the above s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hority below in this regard is erroneous. The Board's Circular No. 591/29/2001-CX, dated 16-10-2001 that Department can only recover the credit on the inputs gone in the exempted goods is not of any avail the assessee in this case for having failed to maintain the record, as required under the Rules. 5. Regarding the imposition of penalty, the plea of the assessee that it could not be imposed as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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