2015 (10) TMI 1654

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....shok Jindal: The appellant is in appeal against the impugned order wherein the demand of duty alongwith interest has been confirmed. 2. The brief facts of the case are that the appellant is engaged in the manufacture of Articles of Iron and Steel (Forged or Stamped) and 'Agricultural Implements, The Articles of Iron and Steel (Forged or Stamped) are dutiable and 'Agricultural Implements ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s well as exempted, they are reversing proportionate cenvat credit attributable to exempted final products periodically and they are informing the department from time to time. As they have reversed the proportionate cenvat credit, therefore, the demand is not sustainable as held by the Apex Court in the case of Chandrapur Magnet Wires (P) Ltd. vs. CCE, Nagpur-1996 (81) ELT 3 (SC) and in the case ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ase, a short issue is to be decided by me is whether proportionate reversal of cenvat credit attributable to furnace oil is sufficient in compliance of Rule 6(3) of the said Rules or the appellant is required to pay duty equal to the 10% sale price of the exempted final products or not. Both lower authorities have not disputed that the appellant has reversed the cenvat credit attributable to furna....