9911796707
TMI Blog2018 (7) TMI 1710X X X X Extracts X X X X X X X X Extracts X X X X ..... he condition of Rule 11(3)(i) of the Rules has been complied with by the appellant - credit allowed - appeal allowed - decided in favor of appellant. CENVAT Credit - time limitation - the Cenvat Credit has been utilized by the appellant in the month of June, 2010 for payment of duty of the said month - Held that:- The SCN issued to the appellant on 03.08.2011 is barred by limitation, as the availment of Cenvat Credit was well known to the Department in advance. Therefore, the extended period is not invokable - appeal allowed. Appeal allowed - decided in favor of appellant. - E/1141/2011 & 4035/2012-EX[DB] - FINAL ORDER NOs 71620-71621/2018 - Dated:- 24-7-2018 - Mr. Ashok Jindal, Member (Judicial) and Mr. Anil G. Shakkarwar, Member ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oods lying in their stock as on 01.04.2009. After reversing the Cenvat Credit, there is some Cenvat Credit lying the Cenvat Credit account. After crossing the limit of 3500 MT in the said particular year, the appellant availed the Cenvat Credit lying utilized in their Cenvat Credit account as on 01.04.2009 after reversal and utilized of the same for payment of duty in the remaining year. The case of Revenue is that in terms of Rule 11(3) of Cenvat Credit Rules, 2004, the credit should lapse on the date of opting for exemption, therefore, they are not entitled to utilize the Cenvat Credit lying unutilized Cenvat Credit after reversal of Cenvat Credit on inputs, semi-finished goods and finished goods lying in their stocks. Therefore, the dema ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r or producer of a final product shall be required to pay an amount equivalent to the CENVAT credit, if any, taken by him in respect of inputs received for use in the manufacture of the said final product and is lying in stock or in process or is contained in the final product lying in stock, if, - (i) He opts for exemption from whole of the duty of excise leviable on the said final product manufactured or produced by him under a notification issued under Section 5A of the Act; or (ii) The said final product has been exempted absolutely under Section 5A of the Act, and after deducting the said amount from the balance of CENVAT credit, if any, lying in his credit, the balance, if any, still remaining shall lapse and shall not be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ST, Salem reported at 2018-VIL-493-CESTAT-CHE-CE vide Final Order No.42004/2018 dated 11.07.2018, the appellant is not required to reverse the Cenvat Credit lying in their Cenvat Credit account unutilized after reversal of the Cenvat Credit on input, semi finish goods and finished goods lying in their stocks on 01.04.2009. Therefore, no demand is sustainable against the appellant. Accordingly, the impugned order is set aside and the appeal is allowed with consequential benefit, if any. Appeal No. E/4035/2012-EX[DB] We find that on the identical issue, a show cause notice was issued on 08.07.2010 to the appellant for the earlier period and admittedly, the Cenvat Credit has been utilized by the appellant in the month of June, 2010 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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