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2016 (9) TMI 626 - AT - Central ExciseWhether the appellant would be entitled to utilize the cenvat credit of duty accumulated prior to opting for Notification No. 30/04-CE dated 09.07.2004 - appellant paid duty on their final products making use of Cenvat Credit - opted to avail exemption under Notification 30/2004-CE w.e.f. from 03.08.2004 - appellant argued that cenvat credit forward from 2004 has been rightly earned by them and that the amendment introduced by the provision of Rules 11(3) of the Cenvat Credit Rules, 2004 will have only prospective effect and cannot be used to lapse the credits accumulated by them - Held that:- the judgment of Hon’ble High Court of Karnataka in the case of Commissioner of C. Ex. Vs. Gokldas Intimate Wear [2011 (4) TMI 1123 - KARNATAKA HIGH COURT] squarely covers the issue and it stands decided in favour of the appellant. Therefore, the appellant will be entitled to utilize the cenvat credit of duty accumulated prior to opting for Notification No. 30/04-CE dated 09.07.2004. - Decided in favour of appellant
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