2013 (10) TMI 561

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....da, Advocate For the Respondent : Ms. Ranjana Jha, DR ORDER PER: ARCHANA WADHWA In both the stay petitions, an identical issue is involved, they are being disposed of by a common order. 2. The appellant is engaged in the manufacture of aluminium sheets. The appellant is also manufacturing aluminium slabs, which are being used by them captively for manufacture of aluminium sheets. Th....

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....t of captive consumption under notification No.67/95-CE dated 16.3.95 and the appellant is required to pay duty on the same. Accordingly the proceedings were initiated resulting in confirmation of duty demand to the tune of Rs.2.08 crores approximately and Rs.2.57 crores approximately in the other case. The penalty of equivalent amount was also imposed on them. 3. After hearing both sides, we f....

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....lear from the above that when an assessee manufactures dutiable as well as exempted final products, the benefit of notification would be available to the assessee provided he follows the provisions of Rule 6 of the Cenvat Credit Rules, 2001. 5. We have examined Rule 6 of the Cenvat Credit Rules, 2001. The said rule requires the manufacturer, who is engaged in the manufacture of dutiable as well....

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...., (3) (4) of Rule 6 shall not be applicable to the clause (vi) of Rule 6. As such, no reversal of credit is required. If that be so, the condition of Notification No.67/95-CE requiring discharge of obligation in terms of Rule 6 of Cenvat Credit Rules stands fulfilled. As such, the appellant is not required to pay any percentage prescribed under the law on the value of exempted final products. As s....