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2023 (1) TMI 882 - CESTAT AHMEDABADCarry forward of Cenvat credit after the date of availment of exemption Notification No. 30/2004-CE dated 09.07.2004 - whether the said credit can be utilised for payment of duty - HELD THAT:- The entire case of the department is that since the appellant have availed the exemption Notification No. 30/2004- CE dated 09.07.2004, they are not entitled to carry forward the accumulated Cenvat credit as on date of exemption Notification. Accordingly, the same was not eligible for utilisation for payment of duty. In the facts of the present case the notification No. 30/2004-CE is admittedly a conditional one. In terms of strict provision of Rule 11(3) of Cenvat Credit Rules, 2004, the bar of lapsing of credit is applicable only when the assessee avail the absolute exemption notification. Therefore, in the present case exemption notification No. 30/2004-CE, being a conditional one, bar of lapsing of credit shall not apply. The issue was considered in the case of M/S PATODIA FILAMENTS PVT. LTD., SHIVKARAN CHOUDHARY VERSUS C.C.E. & S.T., -VAPI (VICE-VERSA) [2019 (4) TMI 435 - CESTAT AHMEDABAD] where it was held that In the present case all the conditions enumerated under sub rule 3 (i) has been followed by the Appellant and he is not required to reverse the entire credit lying in balance on the date of opting notification No. 30/2004–CE dated 09.07.2004. Therefore, the balance credit is not liable to be reversed. For the same reason the credit utilised by him for clearance of finished goods or capital goods. The issue is no longer res integra - Appeal allowed.
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