2009 (6) TMI 846

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....or the Appellant. Shri Sameer Chitkara, SDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. - After hearing both sides duly represented by Shri M.A. Patel, learned Consultant on behalf of the appellant and Shri Sameer Chitkara, learned SDR, on behalf of the Revenue, we find that the appellant is a manufacturer of P&P medicines. Some of the final products of the appellant ar....

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...., initiated the proceedings against the appellant demanding 8% amount of the value of the exempted final product in terms of provisions of Rule 6 of Cenvat Credit Rules. In his impugned order, the CCE Ahmedabad confirmed the demand of Rs. 70,80,591/- along with imposition of penalty of identical amount. The said order is impugned before us. 4. It is the appellant's contention that by rever....

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....note of the entire precedent decisions of the Tribunal and has agreed that there are large numbers of CESTAT's decisions which are in favour of the noticee. However, he has referred to Board's Circulars, issued in 2002 and 2003, saying that the assessee has no option to reverse 8% of the price of the exempted product in terms of provisions of Rule 6. He has further observed that in the case of con....