2009 (4) TMI 636

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.... Appellant. Shri D.S. Negi, SDR, for the Respondent. [Order per : B.S.V. Murthy, Member (T)]. - Appellants are engaged in the manufacture of bulk drugs and anesthetics manufactured by them are fully exempt under Notification No. 4/2006 Serial No. 45 unconditionally. However, the appellants availed Cenvat credit on the inputs used in the manufacture of anesthetics and demand of Rs. 15,59,2....

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....at the time of clearance to be treated as reversal of credit. He also cited the decision of this Tribunal in their own case vide Order No. S/324/WZB/ AHD/2009 dated 11-2-2009. In that case the appellants were ordered to deposit an amount of Rs. 1 lakh only out of Rs. 79 lakhs demanded. 3. The learned D.R., on the other hand submits that after the amendment of Section 5A, the appellants hav....

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.... department's contention was that the appellants could not have paid duty on the exempted goods. In fact the Tribunal observed "we are not for a moment suggesting that the applicant could have taken the credit in respect of final goods being exempted. All that we have said is that on payment of duty on the final product which was not otherwise payable the assessee should be deemed to have reversed....

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.... refund of Cenvat credit can be taken as a ground for setting aside the demand has to be considered in detail which can be done during the final hearing only. The learned advocate submits that the appellants have substantial amount of credit in their account and have not used the credit already taken. Considering of the facts and circumstances, the appellants have directed to reverse credit of Rs.....