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2019 (1) TMI 310 - AT - Central ExciseCENVAT Credit - unutilized balance of Cenvat Credit lying in the credit account - N/N. 30/2004 dated 09.07.2014 denied - contravention of provision of Rule 11(3)(i) & (ii) of Cenvat Credit Rules - denial of benefit of notification on the ground that they had not struck off balance of Cenvat credit lying in their account at the time of opting for the exemption from the whole of the excise duty - Held that:- Identical issue decided in the case of M/S. WEARIT GLOBAL LTD. VERSUS C.C.E., UDAIPUR [2018 (8) TMI 1094 - CESTAT NEW DELHI], where it was held that 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. Appeal allowed - decided in favor of appellant.
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