TMI Blog2016 (1) TMI 1151X X X X Extracts X X X X X X X X Extracts X X X X ..... , 2004 as also Notification No.23/2004-CE, they are allowed to utilize the same and accordingly the appellant has utilized the same in accordance with these rules and there is no illegality in the availment of cenvat credit lying unutilized in their account before 10.9.2004 - Appeal allowed. - E/990/10-Mum - A/85312/16/SMB - Dated:- 8-1-2016 - Mr. S.S. Garg, Member (Judicial) Shri M.P. Kas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... agement consultant/business auxiliary service. The appellant earned service tax credit of ₹ 32,820/- through providers of services to them and the same was lying unutilized as on 10.9.2004. As per Rule 11(1) of the Cenvat Credit Rules, 2004 as well as Notification No.23/2004-CE(NT) dated 10.9.2004, any amount of credit earned by a manufacturer, which remained unutilized on 10.9.2004, shall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rer under Cenvat Credit Rules, 2002, which existed prior to 10.9.2004, they are allowed to utilize the cenvat credit in accordance with the above stated rules. Further, the learned counsel submitted that the adjudicating authority has wrongly imposed penalty under Section 11AC of the Central Excise Act, which cannot be imposed since there is a dispute involving interpretation of the notification. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pertinent to reproduce Rule 11 which is as under:- 11. Transitional provision . - (1) Any amount of credit earned by a manufacturer under the CENVAT Credit Rules, 2002, as they existed prior to the 10th day of September, 2004 or by a provider of output service under the Service Tax Credit Rules, 2002, as they existed prior to the 10th day of September, 2004, and remaining unutilized on that d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... if any, still remaining shall lapse and shall not be allowed to be utilized for payment of duty on any excisable goods, whether cleared for home consumption or for export. 7. Keeping in view the above cited rules, I am of the opinion that the appellant s case is covered by Rule 11(1) of the Cenvat Credit Rules, 2004 as well as Notification No.23/2004-CE and they have correctly utilized the ce ..... X X X X Extracts X X X X X X X X Extracts X X X X
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