Options under Rule 6(2) & 6(3) of CENVAT Credit Rules cannot be availed simultaneously

Sify Technologies Ltd. Vs Commissioner of GST & Central Excise  (CESTAT Chennai) CESTAT Chennai held that an assessee cannot avail of the options under Rule 6(2) and 6(3) of CENVAT Credit Rules,2004 simultaneously. Once the option is availed, other option cannot be chosen simultaneously. Facts- STL was merged with M/s. Sify Communications Ltd. (SFL) in pursuance of order dated 7.7.2009 passed by the Hon’ble High Court of Madras with retrospective effect i.e. from 1.4.2008. After the merger, STL has received input service which are used for exempt service and also taxable services. T...