TaxTMI 
TaxTMI 
2011 (1) TMI 67
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....The facts of the case, in brief, are that M/s Kaizen Industries Pvt. Ltd (hereinafter as the appellant unit ) were engaged in the manufacture of Coated Calcite Powder falling under Chapter 38 of the First Schedule of the Central Excise Tariff Act, 1985 and were availing the benefit of CENVAT on inputs viz. HDPE bags. They were clearing Coated Calcite Powder manufactured by them on payment of duty ....
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....ual to 10% of the total price of the exempted goods charged at the time of clearance. 2. The original adjudicating authority confirmed the demand of Rs.13,58,043/- along with interest and also imposed penalty of the same amount. Further, penalty was also imposed on the Manager. 3. On an appeal filed by the appellant, the Commissioner (Appeals) directed the appellant to deposit 50% of the ....
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....le High Court ofGujarats Order dt.16.12.10 5. After hearing the learned Consultant, we find that as submitted by the learned Consultant, there are several decisions of Hon'ble High Court of Gujarat to the effect that reversal of credit taken subsequently would be sufficient. Therefore, the appellant has a prima facie case in its favour. 6. However, we find that the Commissioner (Ap....