2019 (1) TMI 1578

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....the Respondent : Shri Arun Kumar, Dy. Commissioner/AR ORDER [Order per: Mr. M.V. Ravindran] 1. This appeal is directed against Order-in-Appeal No. 30/2009 (HIII) CE, dated 31.07.2009. 2. Heard both sides and perused the records. 3. The issue involved in this case is regarding the demand of an amount equivalent to 10% of the value of the exempted goods cleared during the period March....

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....is not sufficient and having not followed the law, the demands which have been raised needs to be confirmed. Ld. Counsel produces that the law is now fairly settled by retrospective amendment to Rule 6 of CCR 2004, under section 73 of Finance Act, 2010, the Central Government has stated its position that in respect of availment of CENVAT credit on common inputs which are used for dutiable and exem....

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....nt to 8% of the valuation of the exempted goods. At this juncture, Ld. Counsel prayed for setting aside the penalty imposed by the lower authorities. We are not able to accept the prayer of Ld. Counsel for the simple question and on a specific query from the Bench as to whether the appellant had discharged the interest on 28.04.2008, Ld. Counsel was unable to categorically state that interest was ....