TaxTMI 
TaxTMI 
2011 (2) TMI 1165
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....or the Appellant. Shri V. Lakshmi Kumaran, Advocate, for the Respondent. [Judgment per : N. Kumar, J.]. - This appeal is by the revenue challenging the order passed by the Tribunal holding that there is no requirement of payment of 8% of the price on the exempted final products, though the assessee has not maintained separate accounts. 2. The assessee M/s. Himalaya Drug Company, a....
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....d for manufacture of both dutiable finished goods and exempted goods and the goods do not come within the category mentioned in the said Rules, it is incumbent that an amount equivalent to 8% of the price of the exempted goods cleared has to be paid. The above procedure was not followed by the assessee. Accusing them of contravening Rule 57AD read with Rule 6 of the CENVAT Credit Rules a show caus....
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....ecorded in the exempted goods register and credit availed was reversed. Therefore they contended that they were not liable to a pay the amount demanded in the show cause notice. After enquiry the demand in the show cause was confirmed with penalty and interest. The assessee preferred and appeal before the Tribunal. The Tribunal allowed the appeal and remanded the matter back to the original author....
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....used in the manufacture of both dutiable and exempted goods they have reversed the credit availed on the inputs used in the manufacture of exempted final products. 6. The learned counsel appearing for the respondent points out that the amendment carried out from time to time provides for payment of 8% duty on the inputs used for exempted goods and therefore he contends that when once the a....