Rebate claim rejection not justified as cenvat credit not lapsed in terms of rule 11(3)(i) of CCR, 2004

Assistant Commissioner of Central Excise Vs Valli Textile Mills (Madras High Court) Madras High Court dismissed the writ appeals and held that rejection of rebate claim by taking stand that cenvat credit has lapsed in view of rule 11(3)(i) of the Cenvat Credit Rules, 2004 [CCR 2004] is not tenable. Facts- The writ petitioner is a company engaged in manufacture of cotton yarn, cotton fabrics and knitted fabrics falling under Chapter 52 and 60 of Central Excise Tariff and polyester cotton blended knitted fabrics falling under Chapter 60. They have been clearing the same for home consumption as w...