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2015 (10) TMI 1234 - CESTAT AHMEDABAD

2015 (10) TMI 1234 - CESTAT AHMEDABAD - TMI - Reversal of Modvat credit - benefit of exemption Notification No. 29/2004-CE dated 09.7.2004 as well as Notification No. 30/2004-CE dated 09.7.2004 - Held that:- Supreme Court upheld the decision of Hon'ble Gujarat High Court [2008 (9) TMI 87 - HIGH COURT GUJARAT], and reported at [2009 (3) TMI 975 - SUPREME COURT], it has been held that the reversal of credit would amount to non-availment of credit under Notification No. 30/2004-CE. So, we do not fi .....

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g both the sides and on perusal of the records, we find that respondents were engaged in the manufacture of Processed Fabrics and availed benefit of exemption Notification No. 29/2004-CE dated 09.7.2004 as well as Notification No. 30/2004-CE dated 09.7.2004. The Notification 29/2004-CE prescribes duty at the rate of 4% Advelorem and CENVAT credit is admissible. Notification No. 30/2004-CE provides Nil rate of duty and CENVAT credit would not be admissible. The Respondent during the period from A .....

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- 2008 (232) ELT 580 (Guj.) and dismissed the appeal filed by the Revenue. The relevant portion of the said decision is reproduced below:- 7. Even Rule 6(3) of the Cenvat Credit Rules, 2004 says that notwithstanding anything contained in sub-rules (1) and (2), the manufacturer or the provider of output service, opting not to maintain separate accounts, shall follow either of the following conditions, as applicable to him, namely :- (a) if the exempted goods are - (i) xxx xxx xxx xxx (ii) xxx xx .....

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