2011 (4) TMI 796

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....   Per: Mrs. Archana Wadhwa:   All appeals of the same appellant are being decided by a common order as the issue involved in all of them is identical.   2. After hearing both sides duly represented by Shri Devan Parikh, learned advocate appearing for the appellant and Shri S.K. Mall, learned SDR appearing for the Revenue, we find that the appellant is engaged in manufacture of D....

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....le product and are not maintaining separate MODVAT account, they are required to pay 10% of the value of their final product in terms of provisions of Rule 6(3)(b) of CENVAT Credit Rules, 2004. Accordingly, proceedings were initiated against the appellant by way of issuance of Show Cause Notices, which stand adjudicated by the lower authorities, confirming the demand as also imposing penalty. The ....

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....huge amount as income through such sales regularly, they are liable to pay an amount equal to 10% of the total price of the exempted product cleared by them.   6. Ld.Advocate appearing for the appellants has drawn our attention to the fact that the Larger Bench decision of the Tribunal relied upon by Revenue stand reversed by Hon ble Mumbai High Court as reported in 2009 (233) ELT 301 (Mum).....