TMI Blog2016 (9) TMI 282X X X X Extracts X X X X X X X X Extracts X X X X ..... (3D) of Rule 6 is legally sustainable. The said sub-rule provides for a deeming provision to the effect that payment of amount under sub-rule (3) should be considered as credit not taken for the purpose of such exemption notification. The appellant’s case is covered by the said provision as pointed out by the appellant even before the introduction of the said sub-rule in 2011. The Tribunal held th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Central Excise, Indore. The brief facts of the case are that the appellants are engaged in the manufacture of cotton and synthetic yarn liable to Central Excise duty. They are availing cenvat credit on inputs, input services and capital goods in terms of Cenvat Credit Rules, 2004. They are clearing a part of the finished goods without payment of duty in terms of notification 30/2004-CE dated 9. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ates as under: 3D) Payment of an amount under sub-rule (3) shall be deemed to be CEVAT credit not taken for the purpose of an exemption notification wherein any exemption is granted on the condition that no CENVAT credit of inputs and input services shall be taken . 2. The Ld. Counsel for the appellant submitted that exemption availing under the above mentioned notification has been rightly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rule 6(3)(i). We find the appellants claim on the applicability of sub Rule (3D) of Rule 6 is legally sustainable. The said sub-rule provides for a deeming provision to the effect that payment of amount under sub-rule (3) should be considered as credit not taken for the purpose of such exemption notification. The appellant s case is covered by the said provision as pointed out by the Ld. Counsel f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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