https://www.taxtmi.com/caselaws?id=331052 Reversal of proportionate common-input credit can defeat a demand under Rule 6(3)(b) where the only credit taken was education cess and it was not used for exempt clearances. The tractors below 1800 CC did not attract industrial cess or education cess, and the assessee had not taken central excise duty credit on the common inputs. Because the proportionate credit attributable to the exempt clearances had been reversed, and that reversal was not disputed in the notice, the demand of an amount equal to ten per cent of the exempted goods' value was held unsustainable. The penalty was also set aside. en-us Wed, 17 Feb 2016 00:00:00 +0530 Thu, 11 Aug 2016 16:04:14 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=331052 Reversal of proportionate common-input credit can defeat a demand under Rule 6(3)(b) where the only credit taken was education cess and it was not used for exempt clearances. The tractors below 1800 CC did not attract industrial cess or education cess, and the assessee had not taken central excise duty credit on the common inputs. Because the proportionate credit attributable to the exempt clearances had been reversed, and that reversal was not disputed in the notice, the demand of an amount equal to ten per cent of the exempted goods' value was held unsustainable. The penalty was also set aside. Case-Laws Central Excise Wed, 17 Feb 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=331052