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    <title>2011 (8) TMI 56 - PUNJAB AND HARYANA HIGH COURT</title>
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    <description>Rule 6(3)(b) of the Cenvat Credit Rules could not be invoked to demand reversal of 10% of the sale price where no Cenvat credit had been taken on the inputs used for exempt by-products and any wrongly availed credit was reversed in the same month. The factual findings recorded by the adjudicating authority, Commissioner (Appeals) and Tribunal were supported by the record and were not shown to be perverse. On that basis, the precondition for the demand was not established, the assessee was held not liable to reverse the amount, and the revenue&#039;s challenge failed.</description>
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    <pubDate>Mon, 08 Aug 2011 00:00:00 +0530</pubDate>
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      <description>Rule 6(3)(b) of the Cenvat Credit Rules could not be invoked to demand reversal of 10% of the sale price where no Cenvat credit had been taken on the inputs used for exempt by-products and any wrongly availed credit was reversed in the same month. The factual findings recorded by the adjudicating authority, Commissioner (Appeals) and Tribunal were supported by the record and were not shown to be perverse. On that basis, the precondition for the demand was not established, the assessee was held not liable to reverse the amount, and the revenue&#039;s challenge failed.</description>
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