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TMI Blog2018 (10) TMI 11X X X X Extracts X X X X X X X X Extracts X X X X ..... tion under Notification No. 30/2004, the assessee will be covered only by Rule 11(3)(i). Appeal dismissed - decided against Revenue. - Excise Appeal Nos. 51580 - 51581 of 2018-SM - A/52960–52961/2018-SM[BR] - Dated:- 13-9-2018 - Sh. V. Padmanabhan, Member (Technical) Sh. P. Juneja, AR for the appellant- Revenue Sh. Hemant Bajaj, Advocate for the Respondent- Assessee ORDER Per: V. Padmanabhan: The present appeals are filed by Revenue against the Order-in-Appeal No. 144-145(AG)CE/JDR/2018 dated 08.03.2018 passed by the Commissioner, Central Excise Central Goods and Service Tax, Udaipur. 2. The respondent is engaged in the manufacture of cotton and polyester yarn and was availing the benefit of cenvat credi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... follow the provisions of Rule 11(3)(ii). 4. Heard Shri Hemant Bajaj, ld. Advocate for the Respondent. He submitted that (i) Rule 11(3) ibid provides for transitional provision which covers within sub-rule (i), the condition which is required to be followed when an assessee opts for exemption from whole of the duty of excise. Sub-rule 11(3)(ii) however covers those cases where final product is exempted absolutely under Section 5A and the assessee has no option but to follow such exemption. (ii) In the present case, ld. Advocate pointed out, that the respondent has opted for availing the Notification No. 30/2004, which is aconditional notification and hence will fall within the provisions of Rule 11(3)(i). (iii) He relied on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rties, we are of the opinion that in the present case the appellant has opted for exemption as per the Notification No. 30/2004-CE where the exemption is conditional. As per Rule 11(3) (ii) CCR, Cenvat Credit balance will lapse only if the product is exempted absolutely under Section 5A of Central Excise Act. But since the Notification No. 30/2004-CE dated 09.07.2004 is a conditional notification, hence only Rule 11 (3)(i) of CCR would apply which does not mandate any such lapsing . 8. By following the settled position of law as above, I find no infirmity in the impugned order passed by the Commissioner (Appeals). The same is sustained and the appeals filed by Revenue are rejected. (Dictated and pronounced in the open Court). - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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