HC: CENVAT Credit - Tax options switch in 2008-09 financial year. No record of Assessee exercising Rule 6(3)(i) option. Revenue appeal dismissed.

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....The case involved a dispute regarding the switching of options u/r 6(3) of the CENVAT Credit Rules, 2004 within the same financial year. The issue was whether a manufacturer could switch options without proper intimation to the jurisdictional Central Excise authority. The High Court held that the restriction on withdrawing the option during the financial year only applies if the manufacturer has formally intimated the Range Superintendent of the switch. The court found no evidence that the manufacturer had exercised the initial option as claimed by the Commissioner. The Tribunal's decision to allow the appeal and quash the Order-in-Original was upheld, dismissing the appeal.....