TMI Blog2020 (3) TMI 312X X X X Extracts X X X X X X X X Extracts X X X X ..... through the show cause notice. HELD THAT:- The bare perusal of Sub Rule (3) of Rule 11 shows that stipulation of lapsing is included in Clause (ii) and not in Clause (i). These two clauses are separated by hyphen and use of the word or . Secondly in the Rule 11(3) (i) it is the option given to the manufacturer or producer for obtaining exemption. In category (ii) there is no such option but a reference is made for final product which has been exempted absolutely under Section 5A of the Act. Therefore, these two categories being distinct, the placement of stipulation cannot be considered as a mere draftsman error. The questions as proposed do not give rise to any substantial question of law - Appeal dismissed. - CENTRAL EXCISE APPEA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Appellant is in appeal. 4. The following questions of law are framed as substantial questions of law for consideration in this Appeal by the Appellant :- A. Whether the Tribunal has erred in holding that as all the conditions enumerated under sub rule 3 (i) of Rule 11 of Cenvat Credit Rules, 2004 has been followed by the Appellant, 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? B. Whether on availing benefit under Notification No.30/2004-CE dated 09.07.2004 and following the conditions prescribed under the sub-rule 3(i) of Rule 11 Cenvat Credit Rules, 2004 the balance cenvat credit available with assessee shall lapse and/or will be liable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of lapsing of CENVAT Credit is omitted from Rule 11(3) (i). He also relied upon the decision in the case of M/s. Wearit Global Ltd. Vs. C.C.E., Udaipur Excise Appeal No.E/53094/2016.. 6. Rule 11(3) reads thus :- A manufacturer 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 manufactured or produced by him under a notification issued under section 5A of the Act; or (ii) the sai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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