TMI Blog2017 (11) TMI 764X X X X Extracts X X X X X X X X Extracts X X X X ..... ule makes it clear that once the assessee avails any of the options ie., to pay 10% of the value of the exempted goods or reversal of proportionate Cenvat Credit availed on inputs attributable to manufacture of exempted goods, subject to the conditions and procedures laid down under Sub Rule (3A), the same cannot be altered in a given financial year - In the present case, the appellant availed the option by discharging 10% of the value of the exempted products for the initial quarter ie., from 01.04.2008 to 30.6.2008 for which no procedure has been prescribed for exercising such option, whereas to follow reversal of proportionate Cenvat Credit on inputs availed and attributable to exempted products, the detailed procedure is prescribed unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nto effect from 01.4.2008 providing option to discharge 10% of the value of the exempted product or to reverse proportionate credit availed on the inputs attributable to the exempted products. Later on 01.07.2008 they addressed a letter to the Dept., exercising option, under Sub Rule (3A) of Rule 6 of the CCR, 2004 to reverse proportionate credit availed on inputs attributable to exempted products. Alleging that the appellant cannot change their option during the same financial year, demand notice was issued for recovery of differential amount with interest and penalty. On adjudication, the demand was confirmed with interest and penalty. Aggrieved by the said order, the Appellant filed appeal before the Ld. Commissioner (Appeals), who in tu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8, therefore, in view of the explanation to Clause (ii) of Sub Rule 3 of Rule 6 of CCR, 2004 the appellant is debarred from switching over to Sub Rule 3(A) of CCR, 2004, during the same financial year ie., 2008-09. In support, the Ld. AR referred to the judgment of this Tribunal in the case of M/s Jubilant Life Sciences Ltd Vs CCW, Pune - 2016.TIOL.2026.CESTAT.Mum. 5. Heard both sides and perused the records. 6. The short issue involved in the present case for determination is: whether the appellant after discharging 10% of the value of the exempted products for the quarter 01.04.2008 to 30.6.2008 can choose/opt to follow the alternate option of reversal of Cenvat Credit availed on inputs attributable to exempted products for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oods or provision of exempted service. 9. A plain reading of the said provision reveals that an assessee shall follow either of the options as applicable to him prescribed under Clause (i) or clause (ii) of Sub Rule (3) of the said Rule(s) of Cenvat Credit Rules 2004. The explanation-I appended to the said Sub Rule makes it clear that once the assessee avails any of the options ie., to pay 10% of the value of the exempted goods or reversal of proportionate Cenvat Credit availed on inputs attributable to manufacture of exempted goods, subject to the conditions and procedures laid down under Sub Rule (3A), the same cannot be altered in a given financial year. In the present case, the appellant availed the option by discharging 10% of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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