TaxTMI 
TaxTMI 
2024 (12) TMI 667
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....ng 55091100 of the CETA, 1985. The appellant had opted for exemption vide Notification No. 30/2014-CE dated 9.7.2004 and filed a refund claim on 18.2.2014 for Rs.29,51,234/- being the CENVAT balance lying as unutilized credit on the date of exercising the option of exemption notification shown in RG23A Part I and II registers since July 2004. The appellant was issued with a Show Cause Notice dated 26.5.2014 to deny the refund claim of Rs.29,51,234/- on the ground that the amount had lapsed as per Rule 11(3) of the CENVAT Credit Rules, 2004. After due process of law, the Ld. Original Authority rejected the refund claim. Against such order, the appellant filed an appeal before Commissioner (Appeals) who vide the impugned order rejected the ap....
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.... 434 (Tri-Delhi)] ii) Ashima Ltd Vs Commissioner of Central Excise & ST [2024 SCCOnline CESTAT 361] iii) CCE Vs Dai Ichi Karkaria Ltd [(1999) 7 SCC 448] iv) Eicher Motors (P) Ltd V Union of India (1999) 2 SCC 361 He hence prayed that the impugned order may be set aside and their prayer allowed. 3.2 Ld. AR stated that the provisions of Rule 11(3) of CCR, 2004.did not have any ambiguity and any credit of CENVAT credit lying in the accounts of the assessee as on 01/03/2007, when Notification 10/2007 CE came into effect, would have to be rejected from the said date, irrespective of when the credit was availed. The Ld. AR prayed that the appeal may be rejected. 4. I have gone through the appeal memorandum along with the case laws cited ....
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....rovided for in the statute. The credit accumulated can be set off on final duty to be paid against goods and services. Once the assessee avails of the scheme then rights to avail of the credit accrue to the assessee. Unless the provision of law is specifically modified taking away this right, the assessee cannot be denied the same. In the present case I do not finding anything in the amended provision of Rule 11 of CCR, 2004, to show that the intention of the legislature was to effect the existing rights of the assessee's to enjoy the credit already accumulated. 7. In the case of Eicher Motors Ltd. and another vs. Union of India and others [(1999) 2 SCC 361], it has been held that the rights of credit facilities accrued under existing law ....
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....justed which are finished subsequently. Thus, a right accrued to the assessee on the date when they paid the tax on the raw materials or the inputs and that right would continue until the facility available thereto gets worked out or until those goods existed. Therefore, it becomes clear that Section 37 of the Act does not enable the authorities concerned to make a rule which is impugned herein and, therefore, we may have no hesitation to hold that the Rule cannot be applied to the goods manufactured prior to 16-3-1995 on which duty had been paid and credit facility thereto has been availed of for the purpose of manufacture of further goods." (emphasis applied) 8. Furthermore, in CCE V Dai Ichi Karkarta Ltd (1999) 7 SCC 448, the Hon'b....