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TMI Blog2016 (11) TMI 690X X X X Extracts X X X X X X X X Extracts X X X X ..... Appeal No. E/481 & 778/2007-Ex - FINAL ORDER NO. 61380-61381/2016 - Dated:- 16-9-2016 - Mr. Ashok Jindal, Member (Judicial) Shri Surjeet Bhadu, Advocate for the appellant Shri Harvinder Singh, AR the respondent PER: ASHOK JINDAL The appellants are in appeal against the impugned order. 2. The facts of the case are that the appellant is manufacturer of yarn. They received the capital goods in respect of which, they took credit. During the impugned period, the appellant was working under the Notification No. 29/2004-CE dated 9.7.2004 and Notification No. 30/2004-CE dated 9.7.2004. The Notification No. 29/2004-CE dated 9.7.2004 prescribed concessional rate of duty @ 4% of yarn without any condition and such the appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f that be so, it cannot be held that the final product manufactured by the appellant, is exclusively exempted so as to deny them the benefit of credit. Merely because during the relevant period, when the capital goods were received in their factory, there were no clearance by availing the benefit of Notification No. 29/2004, will not make their final product as fully exempted. 6. Further the issue came up for examination before this Tribunal in the case of Winsome Yarns Ltd.-2015 (317) ELT 479 (Tri.-DeI.) wherein it has been held as under: 6. There is no dispute that during period of dispute, the clearances for domestic consumption had been made by the appellant at nil rate of duty by availing the Notification No. 30/2004-C.E. and c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te of duty of 4% ad valorem. There is no condition in this notification that for availing of this exemption prescribing concessional rate of duty of 4% adv., input duty Cenvat credit must be availed. The condition of non-availment of input duty Cenvat credit is for nil duty under Notification No. 30/2004-C.E. But this does not mean that an assessee not availing input duty 29/2004-C.E., as this an unconditional Notification. When an assessee does not avail of input duty credit, he has option to pay 4 % duty under Notification No. 29 2004-C.E. and also the option to clean his good at nil rate of duty under Notification No. 30/2004-C.E. and when two exemption Notifications after available to an assessee, he can always opt for the Notification ..... X X X X Extracts X X X X X X X X Extracts X X X X
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