2010 (5) TMI 728

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.... ORDER Revenue has filed this appeal. 2. The facts of the case are that the respondents are engaged in the manufacture of Electrical Transformers. A show cause notice was issued on 17-1-2008 asking to the respondent as to why 10% of the price of exempted goods cleared during the period from August, 2006 to May, 2007 amounting to Rs. 4,37,100/- should not be demanded and recovered under Ru....

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....the duty demand along with interest and penalties. On appeal, the Commissioner (Appeals) dropped the demand for the extended period. Aggrieved from the same the Revenue is before me. 3. The learned DR submitted that the respondent is clearing their final product which is exempt and are not maintaining separate account on the duty payable goods as well as exempted goods are liable to reverse the....

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....duty of the department to verify the exemption sought by the appellant to the extent why the exemption has been claimed and whether the credit has been reversed or not?, which the department has failed to do. It was well within the knowledge of the department that the goods have been cleared as exempted goods, the said fact has been confirmed by the Superintendent of Central Excise in his report t....