2019 (7) TMI 1583

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....ER 1. The question of law suggested by the Revenue in the present case involves interpretation of Rule 11(1) of the Cenvat Credit Rules, 2004 (for short, 'the Rules of 2004'). 2. The assessee-respondent had resisted a show cause notice which sought to invoke Rule 11(3) and lapsed Cenvat Credit on the ground that the final product was duty exempt by virtue of notification No.30/2004 dated 09.07.2....

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....5A of Central Excise Act. But since the Notification No.30/2004-CE dated 09.07.2004 is a conditional notification, hence only Rule 11(3)(i) of CCR would apply which does not mandate any such lapsing." 4. In the present case too, the goods are conditionally exempt, as is evident from S.No.10 of the notification no.30/2004. As the goods are not absolutely exempt and the exemption is granted only on....