TaxTMI 
TaxTMI 
2012 (9) TMI 566
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....y on General Manager of the appellant firm. 2. The brief facts of the case are that the appellants are engaged in the manufacture of components and parts of cooling towers. They were availing credit on inputs and capital goods and input service used in relation to manufacture of their final products. During scrutiny of records, it was found that during the month of December, 2007, the appellants cleared certain goods without payment of duty claiming exemption under Notification No. 33/05, dated 8-9-2005. It was also observed that the appellants have not reversed the credit taken on inputs/inputs service which has gone into manufacture of goods which have been cleared by claiming exemption under Notification No. 33/05, dated 8-9-2005. ....
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....e of their final exempted products, the same is sufficient for the assessee and there is no requirement to pay 8% or 10% of the value of the exempted final goods, therefore there is no question of levy. He therefore, prayed that the impugned order is to be set aside. 5. He also submitted that the appellants have not paid duty under, bona fide belief, as they are claiming exemption under Notification No. 33/05-C.E., dated 8-9-2005. Therefore, they are not liable to pay penalty. To support his contention, he relied on the certain case laws i.e. Consolidated Engineering Construction Co. v. CCE, Bangalore - 2008 (232) E.L.T. 348, General Pharmaceuticals Pvt. Ltd. v. CCE, Pune-I - 2007 (218) E.L.T. 86 = 2007 (8) S.T.R. 145, Wiptech Periphe....
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....ut by way of amendment, it was also provided in the statute that the assessee is to reverse the credit taken on inputs/input service which has gone into manufacture of final products alongwith interest thereon and apply to the adjudicating authority within six months and if the assessee fails to do so then the benefit of amended Rule 6 by Section 73 of Finance Act, 2010 is not available to the assessee. 5. He further submitted that the appellants are manufacturers of excisable goods and they are well aware of the provisions of law, therefore, when they are clearing the goods without payment of duty by claiming exemption under specific notification, in that case, they are required to pay 8% or 10% of the value of the final products. Th....