Cenvat credit relief under exemption notification applies where prescribed conditions are met, subject to verification of no refund claim.

Notification No. 24/2012-CE was applied to a demand for reversal of Cenvat credit arising from removal of the final product, and the benefit was found available because the demand period fell within the notification's temporal coverage. The record indicated compliance with the first two conditions, namely that credit had been taken up to the specified date and excise duty had been paid on removal of the final product. The remaining condition, that no refund claim had been made, was accepted subject to departmental verification, so reversal of Cenvat credit was not required and the duty demand was unsustainable.

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Issues: Whether the respondent was entitled to the benefit of Notification No. 24/2012-CE dated 19/04/2012 so as to avoid reversal of Cenvat credit and the consequential demand of duty.

Analysis: The demand related to the period up to 15/03/2012, which fell within the temporal coverage of the notification. The record also showed satisfaction of the first two conditions of the notification, namely that the credit was taken up to the specified date and that excise duty had been paid on removal of the final product. As to the third condition, the respondent stated that no refund claim had been made, and the benefit was held available subject to departmental verification of that assertion.

Conclusion: The respondent was entitled to the benefit of the notification, reversal of Cenvat credit was not required, and the duty demand was unsustainable, subject to verification of condition (c).

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