2018 (7) TMI 760

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....yarn as per Notification No.29/2004 dated 9.7.2004. This was amended by Notification No. 58/2008 dated 7.12.2008 which prescribed nil rate of duty on cotton yarn. Thereafter, Notification No. 29/2004 was further amended by Notification No. 11/2009 dated 7.7.2009 restoring the levy of duty at the rate of 4% on cotton yarn. Again parallelly, Notification No.20/2009 dated 7.7.2009 was issued amending Notification No. 58/2008 whereby the duty prescribed on cotton yarn was omitted. Meanwhile, the department had also issued Notification No. 59/2008 dated 7.12.2008 prescribing duty at the rate of 4% of the said goods. According to appellant, during the period from 7.12.2008 to 6.7.2009, effectively the cotton yarn was never fully exempted from dut....

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.... confirmed the demand on the erroneous assumption that cotton yarn was exempted from duty for the period between 7.12.2008 to 6.7.2009. For better appreciation, the ld. counsel has furnished a Table simplifying the position of duty on cotton yarn for the disputed which is as under:- Date Notification No. Rate of Duty 09.07.2004 29 of 2004 4% 07.12.2008 58 of 2008 (Amending 29 of 2004) NIL 07.12.2008 59 of 2008 4% 07.07.2009 11 of 2009 (Amending 29 of 2004) 4% 07.07.2009 20 of 2009 (Amending 59 of 2008) NIL 4. The appellant was liable to pay duty on the cotton yarn for the disputed period and therefore the credit availed on inputs / capital goods / input services for the disputed perio....