TMI Blog2015 (10) TMI 2450X X X X Extracts X X X X X X X X Extracts X X X X ..... mption was granted. - Held that:- It has not availed any exemption either on value-based or quantity-based criteria for clearance in a financial year. Therefore, this rules out applicability of Rule 9 (2) of Cenvat Credit Rules, 2002. Once the applicability of Rule 9 (2) is ruled out, there is no further case of Revenue and if unutilised credit is on record under Rule 9 (1) prior to 04.04.2002 an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER NO.41302/2015 - Dated:- 29-9-2015 - Shri D.N. Panda, Judicial Member For the Petitioner : Shri Sayed Tausif Ali, Auth. Rep. And Shri M. Karthikeyan, Adv. For the Respondent : Shri K.P. Muralidharan, AC (AR) ORDER Assisting the appellant Shri M. Karthikeyan, learned counsel submits that the case of the appellant is that it is a manufacturer of PSC pipes and utilised the m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant that the pipes being utilised for the purpose of water project of national importance and necessary exemption was availed producing certificate from the concerned Collector, the authority should have properly examined this issue in the light of the intention of the law relating to Cenvat credit since Rule 9 of Cenvat Credit Rules, 2002 is not at all applicable to the case of appellant followin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dit Rules, 2002. Once the applicability of Rule 9 (2) is ruled out, there is no further case of Revenue and if unutilised credit is on record under Rule 9 (1) prior to 04.04.2002 and remaining unutilised, there is a modality prescribed by law for utilisation. The modality prescribed by Rule 9 (2) only. Once Rule 9 (2) of Cenvat Credit Rules, 2002 is not applicable even Rule 9 (1) has no significan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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