2017 (7) TMI 286

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.... for Respondent ORDER Per: Ramesh Nair This appeal is directed against order of Commissioner (Appeals) whereby the learned Commissioner (Appeals) upheld the demand of 10% of the value of exempted goods in terms of Rule 6(3) of the CENVAT Credit Rules, 2004 in respect of exempted goods, Palladium (Chapter No. 71102100) and Platinum (Chapter No.71101120). 2. The case of the department is....

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....are extracted from spent catalysts or/and purchased from the market. She submits that the goods which was traded by the appellant is not exempted goods, these are in fact bought out goods either under duty paid invoices or on cash bills. Therefore, the clearance of palladium and platinum on which demand was raised is purely trading activity of the appellant on which no CENVAT Credit was availed. T....

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....confirmed equal to 10% of value of the goods sold namely, palladium and platinum in terms of Rule 6(3) of CENVAT Credit Rules, 2004. The provision of the said rule is applicable only in respect of manufactured exempted goods. The submission of the appellant is that the goods namely, palladium and platinum sold by them is not a manufactured goods, but it is trading activity of bought out items. The....