9911796707
Advanced Search 
TMI Blog2019 (1) TMI 310X X X X Extracts X X X X X X X X Extracts X X X X ..... at credit on the inputs used by them. They have applied for the benefit of exemption in terms of Notification No. 30/2004 dated 9.7.2004 with respect to the unutilised balance of Cenvat credit lying in the credit account as on 1st April 2014. The department has sought to deny the same for the Cenvat Credit Rules, 2004 inasmuch as they had not struck off balance of Cenvat credit lying in their account at the time of opting for the exemption from the whole of the excise duty, under the said notification, thus contravened the provision of Rule 11(3)(i) & (ii) of Cenvat Credit Rules. Accordingly, a Show Cause Notice dated 7.7.2015 was issued to them asking as to why the amount of Rs. 1,10,53,306/- (Cenvat of Rs. 8,78,893 + Rs. 1,01,74,413/- of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant. Order is accordingly prayed to be set aside and appeal is prayed to be allowed. 4. Ld. DR while justifying the impugned order has impressed upon findings in para 21.2 thereof. It is impressed upon that the adjudicating authority has clearly explained about the applicability of Rule 11(2) in the present case. Appeal is accordingly prayed to be rejected. 5. After hearing both the parties, 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 0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ome consumption or for export, or for payment of service tax on any output service, whether provided in India or exported." 5.2 It is pertinent to note that the sub-rule 3 (i) and sub-rule 3 (ii) are separated by a semicolon (;) followed by the disjunctive 'or'. The use of semicolon (;), the punctuation mark is to separate two closely related independent clauses. 'Or' is a 'particle' used to connect words, phrases or classes representing alternatives [J. Jayalalitha Vs UOI - (1999) 5 SCC 138]. Only if the phrasing of the legal provision is such that in actuality 'and' is intended, should it be examined whether the alternatives separated by 'or' are not mutually exclusive. The Courts may construe 'or' as 'and', only if they find from the c ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
