2006 (11) TMI 537

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.... Rao, Consultant, for the Appellant. Shri Anil Kumar, JDR, for the Respondent. [Order per : T.K. Jayaraman, Member (T)]. -  The applicants are required to pre-deposit duty amount of Rs. 47,29,466/- and penalty of Rs. 26,41,089/- besides interest amount of Rs. 26,41,089/-. The appellants availed Cenvat credit on the inputs used in the manufacture of Bulk Drugs. A portion of the bulk d....

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....mbai - 2004 (173) E.L.T. 422 (Tri.- Mumbai). 2. The learned Advocate Shri B. Seshagiri Rao urged that the lower authorities have not discussed the above mentioned case-laws relied on by the appellant. He stated that the contention of the department that the amount of 8%/10% is to be paid on the value of the exempted Formulations cleared from the factory, is not correct. It was also submitt....

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....DR, Shri Anil Kumar, reiterated the impugned order and requested the Bench that as the Revenue has a very strong case on merits, the appellants should be put to terms. 4. We have gone through the records of the case carefully. This case involves the interpretation of Rule 6 of Cenvat Credit Rules, 2002. The relevant portion of Rule 6 is reproduced below :- "Rule 6. Obligation of manufac....

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.... goods are other than those described in condition (a), the manufacturer shall pay an amount equal to eight per cent of the total price, excluding sales tax and other taxes, if any, paid on such goods, of the exempted final product charged by the manufacturer for the sale of such goods at the time of their clearance from the factory." What is contemplated in the above rule is payment of an amou....