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2019 (10) TMI 957 - AT - Central ExciseCENVAT Credit on opting of notification benefit - disallowance of CENVAT credit that remained as balance when they opted out of the special facility of duty payment enabled by N/N. 29/2004-CE dated 9th July 2004 to avail exemption under N/N. 30/2004-CE dated 9th July 2004 - HELD THAT:- CENVAT credit is to be utilized for discharge of liability as prescribed in Central Excise Rules, 2002 and Service Tax Rules, 1994. CENVAT Credit Rules, 2004, with which we are concerned here, would, therefore, not be in breach by maintenance of a record which logs entry of burden of duty borne or inputs procured by the appellant. N/N. 30/2004-CE dated 9th July 2004 exempts the duty on the finished products of eligible manufacturers subject to credit of duty not having been taken on inputs or capital goods used for manufacture of these finished goods. As the credit in balance cannot be used and circular no. 645/36/2002-Cx dated 16th July 2002, which precedes the amendment in CENVAT Credit Rules, 2004, requires that CENVAT credit on inputs would necessarily have to be written off - Appeal dismissed.
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