2009 (8) TMI 892

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....hri S.K. Mall, SDR, for the Respondent. ORDER The demand of duty stands confirmed against the appellant in terms of Rule 6(3)(b) of Cenvat Credit Rules, 2004, at the rate of 10% of value of the exempted final products on the ground that the appellants have not maintained separate records for common input i.e. furnace oil, used in the manufacture of dutiable as also exempted products. 2. O....

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....ole ground that separate accounts were not maintained. In any case, submits the ld. Advocate that Larger Bench decision of the Tribunal in the case of Nicholas Piramal (India) Ltd. reported in 2008 (232) E.L.T. 37 (Tri.-LB) = 2008-TIOL-1877-CESTAT-Mumbai (L.B.) is to the effect that even the entire credit is taken, it is sufficient if at the time of removal of the exempted products, proportionate ....