2018 (9) TMI 1348

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...., Member (Technical) Shri B.L. Narasimbhan (Adv) & Shri Hrishikesh (Adv), for Assessee Shri Rajeev Ranjan, Additional Commissioner (AR), for Revenue ORDER Per: Ashok Jindal Both the sides are in appeal against the impugned orders. As the issue arising in all the appeals is common, therefore, all are decided by a common order. 2. The facts of the case are that the assessee is manufacturer ....

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....e some Cenvat credit lying in their Cenvat credit account. In the month of March 2010, July 2010 and February 2011 the appellant utilized the remaining Cenvat Credit lying in Cenvat credit account unutilized on 01.04.2006 for payment of duty. Revenue is of the view that in terms of Rule 11(3) of Cenvat Credit Rule, 2004 at the time of option for exemption, the whole of the credit shall lapse. Ther....

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....grant exemption in absolute. In fact, it is a conditional exemption that if the assessee has not availed Cenvat credit on inputs, the exemption is available. The provision of Rule 11 (3) clause 2 are applicable only in a situation where exemption is absolute. Admittedly, in this case exemption is not absolute. In that circumstances, the provisions of Rule 11 (3) (2) are not applicable to the facts....