TMI Blog2019 (5) TMI 1990X X X X Extracts X X X X X X X X Extracts X X X X ..... t sub Rule (3) of Rule 11 of Cenvat Credit Rules, 2004 - HELD THAT:- It is seen that sub-rule (3) of Rule 11 of Cenvat Credit Rules, 2004 was introduced vide Notification No. 10/2007 (NT) dated 01.03.2007 and thus cannot be made applicable retrospectively. Moreover, the said Rule applies only when the final product is exempted absolutely . In the instant case, the product manufactured by the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... em and the rest of the credit they held in their balance. The appellant had also transferred their plant and machinery from Silvasa to Surat. He pointed out that admissibility of Cenvat credit on transfer of machinery was considered by the Tribunal, and in principle the credit was held as admissible but the matter was remanded only for verification of facts. 3. Ld. Counsel pointed out that bala ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ged in the proceedings relating to the availment of Cenvat credit on transfer of their plants from Silvasa to Surat. The said case is already settled by this Tribunal vide order 5. Ld. AR relies on the impugned order. 6. I have considered the rival submissions. I find that these two proceedings seek to demand Cenvat credit utilized, interest and impose penalty on the ground that the credit i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ect 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 said final product has been e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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