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2018 (8) TMI 1094 - AT - Central ExciseCENVAT Credit - unutilized balance of Cenvat Credit lying in the credit account - N/N. 30/2004 dated 09.07.2014 - Held that:- In the present case the appellant has opted for exemption as per the N/N. 30/2004-CE where the exemption is conditional. As per Rule 11 (3)(ii) CCR, Cenvat Credit balance will lapse only if the product is exempted absolutely under Section 5A of Central Excise Act. But since the Notification No. 30/2004-CE dated 09.07.2004 is a conditional notification, hence only Rule 11 (3)(i) of CCR would apply which does not mandate any such lapsing. Reliance placed in the case of Jansons Textile Processors vs. Commissioner, Central Excise & ST Salem [2018 (7) TMI 850 - CESTAT CHENNAI], where it was held that in sub rule 3 (i) ibid, the assessee has to ‘opt‛ for the exemption whereas in sub-rule 3 (ii) ibid, there is no such option available to the assessee and the absolute exemption that may have been brought forth under Section 5A ibid would apply unilaterally to the related final product manufactured by the assessee. Appeal allowed - decided in favor of appellant.
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