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2017 (6) TMI 312 - AT - Central ExciseUtilization of CENVAT credit - benefit of N/N. 30/2004 - Rule 3(4) of the CCR - denial of utilization of credit on the ground that since the appellant had opted out of the CENVAT credit scheme, the credits of CENVAT lying unutilized shall lapse and shall not be allowed to be utilized for payment of duty on any excisable goods, whether cleared for home consumption or for exports - Held that: - by going through the N/N. 30/2004, there is no provision for lapsing of credit. Even when goods in question were being exported, there is clear provision under CENVAT Credit Rules 2004 that Rule 6 is not applicable for exports - the impugned order has been passed on the basis of N/N. 30/2004 wherein there is a restriction on availment of cenvat credit on inputs or capital goods but subsequently vide corrigendum 334/3/2004 dated 09.07.2004, the corrigendum was issued by which the restriction was only on inputs and not on capital goods which means that the cenvat credit on capital goods is permissible under the said notification - appeal allowed - decided in favor of appellant.
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