2017 (1) TMI 356

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..... ld that: - at the time of availing the credit on inputs, the final product was dutiable, therefore, as per Rule 3 of Cenvat Credit Rules, 2004, the respondents have correctly availed the credit on inputs. Later on the respondents have opted to avail the benefit of exemption under N/N. 50/03-C.E., the respondents are not required to reverse the credit already availed by them - appeal dismissed - de .....

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..... f final products, clearing them on payment of duty. Later on, they opted to avail the benefit of Notification No. 50/2003-C.E., dated 10-6-2003 i.e. Area Based Exemption, therefore, cleared the goods without payment of duty by availing the said exemption. The adjudicating authority issued the order to the respondents that as they are availing the benefit of exemption under Notification No. 50/2003 .....

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..... n the inputs already availed or not. 4. We have examined the issue and observed that at the time of availing the credit on inputs, the final product was dutiable, therefore, as per Rule 3 of Cenvat Credit Rules, 2004, the respondents have correctly availed the credit on inputs. Later on the respondents have opted to avail the benefit of exemption under Notification No. 50/03-C.E. (area based ex .....

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