2011 (8) TMI 1091

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....e Respondent : None ORDER We have heard Sri B.K. Singh Raghuvanshi, learned counsel for the appellant. The Commissioner of Central Excise, Allahabad has filed this Appeal on the following question of law:- "Whether the liability for payment of an amount equal to 8 % of the value of the exempted goods under Rule 6 (3) (b) of Cenvat Credit Rules 2002/2004 can be fulfilled by mere reversa....

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....ntral Excise Rules 2002. The adjudicating authority confirmed the demand of duty, and also imposed penalty along with interest. The Commissioner (Appeals) upheld the adjudication order. The Tribunal found that there was no dispute that Vanadium Penta-oxide were liable to reverse the credit of Rs. 76,000/- taken on the said inputs used in the exempted finished goods, which they reversed and info....

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....A Technology Ltd (Supra), it was held by the Tribunal at Bangalore that where the Cenvat credit had been reversed before the removal of good, the manufacturer is not required to pay 8 % of the price of the exempted goods. We do not find substance in the contention of the department-appellant that the Company cannot reverse the credit until separate accounts were maintained, for which no finding....