2019 (5) TMI 579

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.... the Commissioner (Appeals) allowed the appeal relying on the judgment of Ashima Dyecot Ltd. 2008 (232) ELT 580 (Guj), whereas the facts of Ahsima Dyecot Ltd. was that product was excluded from the Provision of Rule 6(3A) whereas in this case the product manufactured is medicament which is covered under Rule 6(3A) of Cenvat Credit Rules. 2. Ms. Nitina Nagori, Ld. Joint Commissioner (AR) appearing on behalf of the Revenue reiterates the grounds of appeal. 3. Sh. Dhaval Shah, Ld. Counsel appearing on behalf of the Respondent submits that the appellant have reversed the proportionate Cenvat credit attributed to the exempted goods along with interest, as per amendment made in Finance Act in 2010 in Rule 6 according to which only proportio....

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.... or in relation to manufacture of exempted final product. This issue is settled by the decisions of the Tribunal and the High Court. In the case of M/s IPCA Laboratories Ltd. (supra) the Tribunal held as under:- "6.1. In our view w.e.f. 01.03.2008 Rule 6(3) had been amended to give an additional option to a manufacturer manufacturing dutiable as well as exempting final product by using common cenvat credit availed input/input services and this additional option was to reverse the proportionate cenvat credit attributable to input/input services used in or in relation to manufacture of exempted final product. The proportionate amount of cenvat credit attributable to the input/input services used in or in relation to manufacture of ex....