2006 (11) TMI 509 - AT - Central Excise

Summary

Issues:
Departmental Appeal against denial of Cenvat Credit on duty paying documents after six months from the date of issue.

Analysis:
The Department filed an appeal against the Order passed by the Commissioner (Appeals) allowing the party's appeal. The original authority denied Cenvat Credit, citing a six-month limit from the date of issue for taking credit on duty paying documents. The Commissioner (Appeals) acknowledged the receipt of inputs, their duty paid nature, and their utilization in manufacturing final products. The main issue was the retrospective application of Notification No.28/95 on modvat credits for goods received before the notification. The Commissioner emphasized that notifications have prospective effects unless explicitly stated otherwise. The appellants explained the delay in availing modvat credit due to confusion, supported by documentary evidence. They promptly took credit upon clarification from the Customs House. The right to take credit accrued before the notification's existence, and the subsequent amendment could not retrospectively affect pre-existing rights. The Commissioner's reasoning was deemed sound, and the order-in-appeal was upheld without interference.

In conclusion, the appeal filed by the Department was rejected based on the findings that there was no dispute regarding the receipt of inputs or their duty paid nature. The Commissioner's decision was upheld, and the appeal was dismissed.