TMI Blog2005 (11) TMI 310X X X X Extracts X X X X X X X X Extracts X X X X ..... The appellants were engaged in the manufacture of cotton yarn and cotton polyester blended yarn. During the period November 2001 to January 2002, they cleared 44,300 Kgs. of the blended yarn to M/s. National Handloom Development Corporation (NHDC) at nil rate of duty in terms of Sl. No. 109 of the Table annexed to Notification No. 3/2001-CE, dated 1-3-2001 by fulfilling the relevant condition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cotton polyester blended yarn, which was a dutiable item. During that period they did not manufacture any other item which was unconditionally exempt from payment of duty or chargeable to nil rate of duty. A part of the blended yarn production was cleared on payment of duty to various customers and the rest was supplied to NHDC without payment of duty. As the goods cleared on payment of duty an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with ld. SDR. This sub-rule reads thus:- The Cenvat credit shall not be allowed on such quantity of inputs which is used in the manufacture of exempted goods, except in the circumstances mentioned in sub-rule (2) According to the Explanation referred to by ld. SDR, exempted goods meant excisable goods, which were either wholly exempted from payment of duty of excise leviable thereon or ch ..... X X X X Extracts X X X X X X X X Extracts X X X X
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