TMI Blog2019 (7) TMI 1583X X X X Extracts X X X X X X X X Extracts X X X X ..... n conditions, clearly Rule 11(3) (i) of the Rules of 2004 would apply - In the present case as well, the exemption is not absolute but conditional upon fulfillment of certain stipulations. The assessee was entitled to the benefit of Rule 11(3)(i) of the Rules of 2004. The Court is, therefore, of the opinion that no substantial question of law arises in this appeal - Appeal dismissed. - D.B. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eal preferred by the respondent-assessee relied upon its previous order in Jansons Textile Processors. vs. Commissioner, Central Excise ST Salem 2018 (7) TMI 850 (CESTAT), Chennai. That case too was concerned with the exemption availed by the assessee in terms of the notification no.30/2004. The CESTAT pertinently held as follows :- 5. After haring both the parties, we are of the opinion t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... turer or producer of a final product shall be required to pay an amount equivalent to the CENVAT credit, if any, taken by him in respect of inputs received for use in the manufacture of the said final product and is lying in stock or in process or is contained in the final product lying in stock, if,- (i) he opts for exemption from whole of the duty of excise leviable on the said final product ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
