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TMI Blog2018 (10) TMI 1202X X X X Extracts X X X X X X X X Extracts X X X X ..... ondent : Shri S. Govindarajan, AC (AR) ORDER PER SHRI MADHU MOHAN DAMODHAR In the facts of the case in both the appeals are that during the period from 07.08.2008 to 06.07.2009, the appellants had paid duty @ 4% advalorem on cotton yarn under Notification No.59/2008 dt. 07.12.2008 exported by them. It appeared to the department that Notification No.29/2004 dt. 09.07.2004 prescribing the effecti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng disallowance of the impugned cenvat credit amount with interest thereon and imposition of penalties under various provisions of law. In adjudication, original authority concerned confirmed the reversal of cenvat credits as proposed in the notice with interest, however dropped the penal proceedings thereof. In appeal, vide common impugned order dt.28.09.2012, the Commissioner (Appeals) upheld th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 009 also retained the same effective rate of 4% hence there were two SCNs during the material period, one (Notification 58/2008-CE) prescribed 'Nil' rate and the other (Notification 59/2008-CE) where a rate of 4% had been indicated. In the circumstances, the effective rate of 4% was prevalent and continuous throughout the period in dispute. Hence availment of cenvat credit by both the appellants h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cation 58/2008 dated 7.12.2008 which prescribed nil rate of duty. Thus, on the same date there were two notifications one of which prescribed nil rate of duty and the other prescribed 4% duty. The appellant can opt for a notification which is beneficial to him and the appellant herein has chosen to pay duty at the rate of 4% and claim rebate. Thus, we find that the denial of credit is without an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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