2020 (3) TMI 312

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....ng the CENVAT Credit for the input used in manufacturing final products. The Respondent took benefit of the Notification dated 9 July 2004 for the period between 9 July 2004 to February 2007. After 1 March 2007, the Respondent availed the benefit of Notification dated 9 July 2004 and reversed the balance CENVAT Credit. The Respondent paid duty on finished goods, reversal of credit on stocks and clearance of wastage and capital goods, from the CENVAT account. A Show cause notice was issued to the Respondent on 3 April 2012. The Appellant put the Respondent to the notice in respect of their failure to reverse the CENVAT Credit of Rs. 2,86,83,157/- in terms of Rule 11(3). The adjudicating authority confirmed the demand and further demand of Rs....

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....it Rules, 2004 and utilize it for payment of Central Excise Duty for subsequent period? D. Whether assessee was right in availing cenvat credit on capital goods while availing benefit of exemption notification No.30/2004-CE dated 9.07.2004?" 5. The contention of the Appellant is that Rule 11(3) of the Cenvat Credit Rules, 2004 envisaged lapsing of remaining CENVAT Credit and that being the position it could not have been utilized by the Respondent and their action of doing so has resulted on a tax liability which is rightly to be enforced through the show cause notice. It is the contention of the learned counsel for the Appellant that the stipulation of CENVAT Credit lapsing enumerated under Rule 11(3)(ii) is applicable to both ....