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TMI Blog2014 (6) TMI 23X X X X Extracts X X X X X X X X Extracts X X X X ..... ty to avail the unutilized credit lying in Cenvat credit account as on 31.12.2004 on merit at this stage, when AED is exempted and the appellant is unable to avail credit is mere academic one - Decided In favour of assessee. - E/00286/2006 - Final Order No. 40255/2014 - Dated:- 3-4-2014 - Shri P.K. Das, J. For the Appellant : Shri M. Kannan, Adv. For the Respondent : Ms. Indira Sisup ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e goods. There was an unutilised balance of Cenvat credit of Rs.11,55,740/- on 31.12.2004. Adjudicating authority expunged the credit of Rs.11,55,740/-, as it is hit by Rule 11(2) of Cenvat Credit Rules, 2004. 3. The learned Counsel for the appellant drew the attention of the Bench to the relevant portion of Rule 11(2) of the Rules, 2004. He submits that the words in the said notification on g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts that the Honble Supreme Court in the case of Coral Cosmetics Ltd. Vs Union of India reported in 2008 (225) E.L.T.412 (Bom.) dismissed the petition filed by the assessee in the context of lapse of unutilised credit. 5. I find that in the facts and circumstances of the present case, AED is exempted by Notification No.30/2004-CE and, the case relates to 2004, there is no scope to utilize such ..... X X X X Extracts X X X X X X X X Extracts X X X X
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