TMI Blog2018 (8) TMI 1094X X X X Extracts X X X X X X X X Extracts X X X X ..... xcise & ST Salem [2018 (7) TMI 850 - CESTAT CHENNAI], where it was held that in sub rule 3 (i) ibid, the assessee has to ‘opt‛ for the exemption whereas in sub-rule 3 (ii) ibid, there is no such option available to the assessee and the absolute exemption that may have been brought forth under Section 5A ibid would apply unilaterally to the related final product manufactured by the assessee. Appeal allowed - decided in favor of appellant. - E/53094/2016 - [DB] - FINAL ORDER NO. 52773/2018 - Dated:- 2-8-2018 - MR. BIJAY KUMAR, MEMBER (TECHNICAL) AND MRS. RACHNA GUPTA, MEMBER (JUDICIAL) Present for the Appellant : Mr.Manish Saharan, Advocate Present for the Respondent: Ms. Tamana Alam, D.R. ORDER PER: RACHNA G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icable to him. It is impressed upon that decision under challenge has wrongly relied upon Rule 11 sub rule (2) of CCR while denying utilization of the unutilized credit with the appellant. Order is accordingly prayed to be set aside and appeal is prayed to be allowed. 4. Ld. DR while justifying the impugned order has impressed upon findings in para 21.2 thereof. It is impressed upon that the adjudicating authority has clearly explained about the applicability of Rule 11(2) in the present case. Appeal is accordingly prayed to be rejected. 5. After hearing both the parties, we are of the opinion that in the present case the appellant has opted for exemption as per the Notification No. 30/2004-CE where the exemption is conditional. As pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... NVAT credit, if any, lying in his credit, the balance, if any, still remaining shall lapse and shall not be allowed to be utilized for payment of duty on any other final product whether cleared for home consumption or for export, or for payment of service tax on any output service, whether provided in India or exported. 5.2 It is pertinent to note that the sub-rule 3 (i) and sub-rule 3 (ii) are separated by a semicolon ( ; ) followed by the disjunctive or‛. The use of semicolon ( ; ), the punctuation mark is to separate two closely related independent clauses. Or‛ is a ‗particle used to connect words, phrases or classes representing alternatives [ J. Jayalalitha Vs UOI (1999) 5 SCC 138 ]. Only if the phrasing of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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