2017 (3) TMI 1123

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..... oint Commissioner (AR) for the Department Per Mr. Anil Choudhary: The issue in this appeal is, whether the appellant opting for availment of SSI Exemption on 1ST April, 2006 is liable to reverse any cenvat credit under the admitted fact that there was nil credit or balance in the Cenvat credit account. 2. Heard the parties. 3. The admitted facts are that the appellant is a registered dealer/ma .....

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..... date when appellant opted for SSI Exemption Scheme. Thereby, rejected the appeal. 4. The Id. Counsel for the appellant urges on a plain reading of the Rule 11 (2) of Cenvat Credit Rules, 2004, has been rightly provided to take care of such situations. Rule 11 (2) as under:- "A manufacturer who opts for exemption from whole of the duty of excise on goods manufactured by him under a notification b .....

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..... ized balance remaining on the date prior to opting for the SSI Exemption Scheme. Under the admitted fact that the appellant had nil balance in their Cenvat credit account no amount was required to be reversed. Accordingly, the appellant prays for allowing the appeal with consequential benefits. 5. The Id. A.R. for Revenue relies on the impugned order. 6. Having considered the rival contentions, .....

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