https://www.taxtmi.com/caselaws?id=268528 The Tribunal allowed the appeals filed by M/s Supertex Industries and an employee, setting aside the Order-in-Original by the Commissioner regarding duty free clearance under Notification No.30/2004-CE. The Tribunal held that the Appellant met the notification conditions at the time of opting for duty exemption, and the failure to lapse excess credit under Rule 11 did not warrant denial of duty exemption. The contravention of Rule 11 should be addressed under Rules 14 & 15, not by denying the benefit of the notification. Consequently, the penalty on the employee was also set aside, and all appeals were allowed. en-us Tue, 17 Nov 2015 00:00:00 +0530 Fri, 06 May 2016 17:37:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=268528 The Tribunal allowed the appeals filed by M/s Supertex Industries and an employee, setting aside the Order-in-Original by the Commissioner regarding duty free clearance under Notification No.30/2004-CE. The Tribunal held that the Appellant met the notification conditions at the time of opting for duty exemption, and the failure to lapse excess credit under Rule 11 did not warrant denial of duty exemption. The contravention of Rule 11 should be addressed under Rules 14 & 15, not by denying the benefit of the notification. Consequently, the penalty on the employee was also set aside, and all appeals were allowed. Case-Laws Central Excise Tue, 17 Nov 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=268528