2017 (11) TMI 1240

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....M. Karthikeyan, Advocate for the Appellant Shri K. P. Muralidharan, AC (AR) for the Respondent ORDER Brief facts are that the appellants are engaged in the manufacture of power driven pumps for handling water and electric motors and are clearing the same on payment of duty. They also avail the facility of CENVAT credit on inputs which was utilized for the payment of excise duty on the fin....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....cation for Rs. 7,22,237/- being the amount debited from the CENVAT credit towards 10% of the value of the credit as directed by the department. After due process of law, refund sanctioning authority rejected the refund claim filed by the appellant. In appeal, Commissioner (Appeals) upheld the same. Hence, appellant has filed Appeal No. E/607/2009. 2.   Since the appellant had reversed....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....C). Therefore appellant is not liable to maintain separate accounts as required in Rule 6 of CENVAT Credit Rules, 2004, since the appellant is not clearing dutiable and exempted products. The allegation that the waste and scrap cleared by the appellant is an exempted product and therefore appellant has to maintain separate accounts is erroneous. The appellant is eligible for the amount reversed to....