Exemption Notification No. 30/2004-CE is not an absolute exemption

Commissioner Vs Orient Syntex (Prop. APM Industries Ltd.) (CESTAT Delhi) We find that there is no dispute on the fact that the respondent has opted for exemption Notification No.30/2004-CE, which carries the following conditions:- “Provided that nothing contained in this Notification, which shall apply to the goods in respect of which credit of duty on inputs has been taken under the provisions of CENVAT Credit Rules, 2004.” As per the above condition, the exemption Notification No. 30/2004-CE is not an absolute exemption. On the plain reading of Rule 11 (3) (i) (ii), it is clear that ...