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2019 (4) TMI 435

in stock - N/N. 30/2004–CE dated 09.07.2004 - Held that:- The N/N. 30/2004–CE dated 09.07.2004 is not an absolute notification but a conditional notification issued under section 5A. The notification has the condition of non availment of cenvat credit. The sub-rule (3) (i) and (ii) of Rule 11 of the CCR, 2004 are separate - In the present case the sub rule 3 (i) would thus apply as per which the manufacturer is required to pay an amount equivalent to the CENVAT Credit in respect of inputs used in the manufacture of said final product and is lying in stock or in process or is contained in final product lying in stock. - In the present case all the conditions enumerated under sub rule 3 (i) has been followed by the Appellant and he is not .....

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f duty. From 01.03.2007, they started availing benefit of Notification No. 30/2004-CE dated 09.07.2004 and reversed cenvat credit proportionate to goods lying in stock. There was balance of ₹ 2,86,83,157/- in cenvat account after such reversal. The Appellant thereafter in subsequent periods shifted their manner of clearance from Notification No. 30/2004-CE dated 09.07.2004 to 29/2004-CE dated 09.07.2004 and vice versa till Deember 2011. During this period the Appellant paid duty on finished goods, reversal of credit on stocks and clearance of wastage and capital goods from cenvat account. 2. They were issued show cause notice dated 03.04.2012 wherein it was alleged that when Appellant availed benefit of Notification No. 30/2004-CE in .....

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d on the ground that in terms of Rule 11 (3) of CCR, 2004 as the final products are exempted in terms of Notification No. 30/2004-CE dated 09.07.2004 which was issued under section 5A, the credit on the date of opting of exemption shall lapse. Further they have availed credit on capital goods which was used exclusively for manufacture of exempted goods whereas the same is not available in terms of Rule 6 (4) of CCR, 2004. The duty on wastage was paid from such cenvat credit which was not available to them. 3. The adjudicating authority vide the impugned order confirmed the demand of ₹ 2,86,83,157/- of credit which was lying in balance as on the date of opting of Notification No. 30/2004-CE. Further demand of duty of ₹ 42,17,241/ .....

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notification has the condition of non availment of cenvat credit. The sub-rule (3) (i) and (ii) of Rule 11 of the CCR, 2004 are separate. In the present case the sub rule 3 (i) would thus apply as per which the manufacturer is required to pay an amount equivalent to the CENVAT Credit in respect of inputs used in the manufacture of said final product and is lying in stock or in process or is contained in final product lying in stock. In the present case all the conditions enumerated under sub rule 3 (i) has been followed by the Appellant and he is not required to reverse the entire credit lying in balance on the date of opting notification No. 30/2004-CE dated 09.07.2004. Therefore, the balance credit is not liable to be reversed. For the sa .....

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