2016 (9) TMI 282

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.... B. L. Narsimhan (Advocate) for the Appellant Mr. S. Nanthuk, DR for the Respondent ORDER: Per B. Ravichandran: This appeal is against the order dated 21.01.2014 of Commissioner of Central Excise, Indore. The brief facts of the case are that the appellants are engaged in the manufacture of cotton and synthetic yarn liable to Central Excise duty. They are availing cenvat credit on input....

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....ntion is that payment of 6% of value of exempted goods will make them entitled for above said exemption. For this, they rely on sub-rule (3D) of Rule 6 of Cenvat Credit Rules, 2004, which states as under: "3D) Payment of an amount under sub-rule (3) shall be deemed to be CEVAT credit not taken for the purpose of an exemption notification wherein any exemption is granted on the condition t....

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....ecords. 5. The short point for decision is the eligibility of the appellant for exemption under Notification of 30/2004-CE when they have reversed 6% of the value of exempted goods in terms of Rule 6(3)(i). We find the appellants claim on the applicability of sub Rule (3D) of Rule 6 is legally sustainable. The said sub-rule provides for a deeming provision to the effect that payment of amount u....