https://www.taxtmi.com/caselaws?id=31878 Rule 6(3)(b) of the Cenvat Credit Rules, 2002 was construed to apply only where a manufacturer, without maintaining separate accounts for dutiable and exempted goods, is required to pay the prescribed percentage of the exempted goods' value. The majority treated pre-clearance reversal or payment of credit attributable to common inputs as equivalent to non-availment of credit, relying on the scheme of Rule 6 and the principle that reversal before removal deletes the credit entry. On that basis, Rule 6(3)(b) was held inapplicable where such credit had been reversed before removal of the exempted goods, while the dissent read the rule as mandatory and not accommodating reversal. en-us Tue, 12 Aug 2008 00:00:00 +0530 Fri, 02 Jan 2009 15:29:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=31878 Rule 6(3)(b) of the Cenvat Credit Rules, 2002 was construed to apply only where a manufacturer, without maintaining separate accounts for dutiable and exempted goods, is required to pay the prescribed percentage of the exempted goods' value. The majority treated pre-clearance reversal or payment of credit attributable to common inputs as equivalent to non-availment of credit, relying on the scheme of Rule 6 and the principle that reversal before removal deletes the credit entry. On that basis, Rule 6(3)(b) was held inapplicable where such credit had been reversed before removal of the exempted goods, while the dissent read the rule as mandatory and not accommodating reversal. Case-Laws Central Excise Tue, 12 Aug 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=31878