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2024 (8) TMI 906 - AT - Central ExciseDenial of exemption under N/N. 30/2004 -CE dated 09.07.2004 as amended - availing input credit on all the inputs under CCR and reversing 5% of the invoice value of the goods under Rule 6 (3) of CCR when the benefit of Notification was availed - HELD THAT - The co-ordinate Bench has relied on the decision of Apex court in COMMISSIONER OF CENTRAL EXCISE, MUMBAI- I VERSUS M/S BOMBAY DYEING MFG. CO. LTD 2007 (8) TMI 2 - SUPREME COURT and held ' In the present case, the fact is not under dispute that the appellant availed the credit at the time of receipt of the inputs which was partially used in the exempted goods but at the time of clearance of the exempted goods, they have reversed the credit. Therefore following the above Hon ble Supreme Court decision as well as the in terms of Board circular dated 8-11-2007, the appellants have complied with the condition of Notification No. 30/2004-C.E.' The denial of exemption by the first appellate authority vide impugned order is not in accordance with law. Hence, the same cannot sustain - the impugned order set aside - appeal allowed.
Issues:
1. Denial of exemption benefit under Notification No. 30/2004-CE. Detailed Analysis: Issue 1: Denial of exemption benefit under Notification No. 30/2004-CE The case involved a taxpayer engaged in the manufacture of various goods under specific chapters of the Central Excise Tariff Act, 1985. The revenue raised concerns regarding the taxpayer availing exemption under Notification No. 30/2004-CE while also claiming CENVAT credit on inputs used in the manufacture of exempted goods. Show cause notices were issued to deny the exemption and demand duty, interest, and penalties. The authority initially accepted the taxpayer's case, dropping the proceedings. However, the department appealed to the First Appellate Authority, which ruled in favor of the revenue, citing the precedence of the Notification's conditions over the CENVAT Credit Rules, specifically Rule 6. The appellant challenged this decision. Upon review, the Appellate Tribunal considered the arguments presented. The appellant contended that they had complied with the conditions of the Notification by reversing credit on inputs when availing the exemption, referencing a similar case from the Mumbai Bench of the tribunal. The department, on the other hand, supported the lower authorities' findings. The Tribunal identified the central issue as whether the denial of the exemption benefit was justified. The Tribunal examined the relevant legal precedents, including a Supreme Court decision and a Board Circular clarifying the treatment of credit reversal before utilization concerning the exemption notification. Based on these references, the Tribunal concluded that the appellant had indeed complied with the conditions of Notification No. 30/2004-CE by reversing the credit on inputs used in the exempted goods before utilization. Therefore, the demand for duty was deemed unsustainable, and the impugned order denying the exemption was set aside. The appeals were allowed with consequential benefits as per law, and the Revenue's appeal was dismissed. In summary, the Tribunal held that the denial of the exemption benefit under Notification No. 30/2004-CE was not in accordance with the law, and the appeals were allowed, providing relief to the appellant in line with legal provisions.
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