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TMI Blog2018 (12) TMI 927X X X X Extracts X X X X X X X X Extracts X X X X ..... CESTAT CHENNAI], where it was held that A bare reading of Sl.No. 90 of the Notification, it is found that the same is controlled by the condition No. 10. While the rate of duty on the goods described at Sl.No. 90 are ‘nil’ ie., exempted, the goods at Sl.No. 91 are taxed at 4%; Sl.No. 90 is controlled by condition No. 10 whereas Sl.No. 91 is controlled by condition No. 11. The absolute exemption Notification, N/N. 29/2004-CE dated 09.07.2004 as amended by Notification No. 58/2008-CE dated 07.12.2008 and another Notification No. 59/2008-CE dated 07.12.2008, referred to emanates is mandatorily required to be availed by the assessee, whereas, the exemption Notification No. 04/2006 in the case on hand, provides two options with different duty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led the same and had no option to pay duty as per Sl. No. 91 of the above Notification; that the CENVAT Credit utilized on inputs and capital goods during the impugned period was liable to be recovered. 2.2 Accordingly, a Show Cause Notice dated 03.05.2011 was issued proposing the amount of ₹ 31,15,912/- to be credited to the Consumer Welfare Fund under Section 11D(5) of the Central Excise Act, 1944 being the amount collected from the assessee s buyers representing duty and recovery of wrongly availed Credit to the tune of ₹ 51,35,255/- under Rule 14 of the CENVAT Credit Rules, 2004 along with applicable interest and penalty. After due process of law, the Order-in-Original No. 08/2012 (C.Ex.) came to be passed confirming the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... il rate of tax is therefore available subject to the satisfaction of both the above conditions. An identical issue came to be decided by this Bench in a batch matter in the case of M/s. Kovai Maruthi Paper and Boards Ors. Vs. CCE, Salem (supra) involving the following issue extracted for the sake of convenience:- 9. The common issue that arises for consideration in all these appeals is whether the assessees are eligible to avail exemption as per the Notification No. 4/2006 under Sl. No. 91 and clear the goods on concessional payment of duty or whether it is mandatory to avail nil rate of duty as provided under Sl. No. 90. This Bench relying on the decision of Balakrishna Paper Mills Others (supra) had thus concluded that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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