2005 (7) TMI 251

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..... waiver of the pre-deposit of the duty amount in dispute and the penalty, as detailed in the impugned order. The duty amount has been confirmed against them by invoking the provisions of Rule 6(2) of the Cenvat Credit Rules, as the appellants allegedly, had failed to maintain separate records regarding the various inputs used by them in the manufacture of exempted as well as dutiable goods. The le .....

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..... ) and (3) of Credit Rules, 2002. The adjudicating authority in Para 13 of the impugned order has observed that there exists no specific condition in Rule 6(2) of the Rules for keeping the separate stock/storage of common inputs to be used for manufacture of exempted goods and dutiable goods, but keeping of separate accounts is necessary. However, in the next Para 14, he has observed that at the ti .....

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..... lved on that quantity of the inputs which were used in the exempted goods and on which they had initially taken the credit. These very observations have been made by him even in Para 17 of the order. 4. Therefore, keeping in view all the facts and circumstances and already reversal of the Modvat credit by the appellants in respect of the inputs, which had gone in the manufacture of the exempted .....

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