2015 (10) TMI 1790

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..... in terms of the provisions of Rule 6(3)(i). In terms of the provisions of Rule 6(3D), the reversal of an amount in terms of the Rule 6(3) shall be deemed to be non-availment of Cenvat credit for the purpose of exemption notification, wherein any exemption is granted on the condition that no Cenvat credit of inputs and input services shall be taken. Inasmuch as the appellant have reversed 6% of the .....

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..... .E., dated 1-3-2004, which grants exemption to cotton and synthetic yarn and other specified items, was denied to the appellant on the ground that the condition of non-availment of Cenvat credit does not stand fulfilled by them. 2. It is undisputed that at the time of clearance of the said exempted final products, the appellant have paid 6% of the amount of the value of the said exempted produc .....

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..... the provisions of any other rule or notification provide for grant of thorough or part exemption condition of non-availment of credit of duty paid on the inputs, such provisions of other rules or notification shall prevail, is not appropriate. The effect of such explanation is that the condition of such availment of Cenvat credit as per prescription in the notification has to be fulfilled and adhe .....

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