2017 (5) TMI 395

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....or Appellant : Ms.R.Hemalatha For Respondents : Mr.J.Shankarraman ORDER ( Judgment of the Court was delivered by Rajiv Shakdher, J. ) 1. This appeal has been filed under Section 35 G (2) of the Central Excise Act, 1944, whereby, challenge is laid to the final order dated 01.07.2009, passed by the Customs, Excise and Service Tax Appellate Tribunal, Chennai Bench, Chennai.   2. T....

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....has invoked Rule 6(3)(b) of the CENVAT Credit Rules 2004 to demand 10% if the net sale price of the exempted goods and also levied interest but not imposed any penalty. Hence this appeal by the assessee." 3.1. We are told by Ms.Hemalatha, that there is no dispute as to the facts culled out above. 4. In so far as the aforementioned judgement is concerned, the principles enunciated therein are....

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....C. 12. It is clear from a plain reading of Rule 57CC that where a manufacturer is engaged in the manufacture of any final product, which is chargeable to duty as well as in any other final product, which is exempt from the whole of the duty of excise leviable thereon, or is chargeable to nil rate of duty, if the manufacturer takes credit of the inputs used in manufacture of both exempted ....

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....10 received the assent of the President. However, in the present case, even as per the show cause notice and the order of adjudication, it is clear that the input credit has been reversed by the respondent/ assessee even prior to the amendment. In such view of the matter, the Tribunal, following the decision of the Allahabad High Court in Hello Mineral Water case (Supra), which followed the decisi....