2018 (1) TMI 1743

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..... d 11 of Cenvat Credit Rules, 2004 - HELD THAT:- The said provision of Rule 11 of Central Credit Rules, 2004 required the manufacturer to pay an amount equivalent to Cenvat Credit involved in the inputs lying in stock on the date on which the final product becomes absolutely exempted under a Notification issued under Section 5A of Central Excise Act, 1944. The proceedings can be limited only to the .....

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..... C.E., dated 1-3-2008. If the final product becomes exempted absolutely under the provisions of Section 5 A of Central Excise Act, then as provided under Rule 11(3)(ii) of Cenvat Credit Rules, 2004 the manufacturer is required to pay an amount equivalent to Cenvat Credit taken by him in respect of inputs lying in stock. The respondent was issued with a show cause notice dated 30-3-2009 calling upon .....

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..... e and, therefore, penalty imposed was set aside. Aggrieved by the said order Revenue is before this Tribunal. 3. Heard the Learned AR. 4. Perused the record, I find that the said provision of Rule 11 of Central Credit Rules, 2004 required the manufacturer to pay an amount equivalent to Cenvat Credit involved in the inputs lying in stock on the date on which the final product becomes absolutely exe .....

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