TaxTMI 
TaxTMI 
2018 (5) TMI 1404
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....nd clearance of excisable goods such as compact hydraulic power pack & hydraulic accessories falling under Chapter 84 & 85 of CETA, 1985 and they are availing the facilities of CENVAT credit on inputs and input services in terms of CENVAT Credit Rules, 2004 (CCR). During the course of review and correction of monthly ER-1 returns for the month of May 2015 of the appellant, it was observed that they have cleared 51 numbers of Compact Hydraulic Power Pack-HAWE PC 484 value at Rs. 4896000/- vide Invoice No.24474 dated 19.05.2015 to M/s. Suzlon Energy Ltd., Daman without payment of duty claiming exemption under Notification No. 12/2012 CE dated 17.03.2012(Sl. 332), It was further observed that the appellant has not paid an amount equal to 6% of....
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.... 9,93,000/- along with interest and appropriated Rs. 1,99,251/- already paid and imposed penalty of Rs. 9,93,000/-. Aggrieved by the said order, the appellant filed appeal before the Commissioner(Appeals) who rejected the appeal. 4. Learned counsel for the appellant submitted that the impugned order is not sustainable in law as the same is contrary to the binding judicial precedent on the same issue. He further submitted that on being pointed out by the Department, the appellant has already reversed the proportionate credit of the common input services availed by them during the year before the issuance of the show-cause notice. He further submitted that the appellant has been regularly filing their monthly ERI returns wherein the ap....
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....the above case in paras 5,6 & 7 has observed as under:- 5. From the material on record it is clear that even though the assessee initially took credit of the common inputs used in the manufacture of both dutiable and exempted goods they have reversed the credit availed on the inputs used in the manufacture of exempted final products. 6. The learned counsel appearing for t e respondents out that the amendment carried out from time to time provides for Payment of 8% duty on the inputs used for exempted goods and therefore he contends that when once the assessee had availed CENVAT credit and after the amount of the value of the goods used for exempted goods if ascertained it is clear that they have reversed the credit entry only in ....