https://www.taxtmi.com/caselaws?id=3893 Reversal of Cenvat credit attributable to exempted goods, together with interest, was treated as placing the inputs in the same position as if no credit had been taken for those goods. On that basis, Rule 6 did not support a further demand of 8% or 10% of the value of the exempted or by-product goods, especially where the reversed credit was lower than the amount demanded. The Tribunal relied on settled coordinate Bench, Larger Bench and Supreme Court principles recognising that such reversal satisfies the non-availment requirement for exemption purposes, so the additional recovery was not sustainable. en-us Wed, 17 Oct 2007 00:00:00 +0530 Thu, 08 May 2008 00:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=3893 Reversal of Cenvat credit attributable to exempted goods, together with interest, was treated as placing the inputs in the same position as if no credit had been taken for those goods. On that basis, Rule 6 did not support a further demand of 8% or 10% of the value of the exempted or by-product goods, especially where the reversed credit was lower than the amount demanded. The Tribunal relied on settled coordinate Bench, Larger Bench and Supreme Court principles recognising that such reversal satisfies the non-availment requirement for exemption purposes, so the additional recovery was not sustainable. Case-Laws Central Excise Wed, 17 Oct 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=3893