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2014 (2) TMI 483 - AT - Service TaxCenvat credit taken against invoices dated prior to 10.09.04 - Held that - There are clear provisions under Cenvat Credit Rules, 2004 that the new credit scheme is applicable only in respect of duties paid on or after 10-09-2004 and against invoices raised dated on or after 10.09.2004, giving a clear demarcation on time frame based on which the new scheme was to be operated. Tribunal should not be deciding new policy by giving effect to such benefits retrospectively contrary to legal provisions and policies of the government. The decisions cited by the appellant were in the context of situations where there could be doubt regarding the scope of the legislation, and the Govt. considered it appropriate to add explanations to clarify disputes. - Decided against the assessee.
Issues:
Claim of Cenvat credit for duty paid on equipment purchased before the notification of Cenvat Credit Rules, 2004. Analysis: The applicant, engaged in Banking and Financial Services, claimed Cenvat credit for central excise duty paid on equipment purchased before the notification of Cenvat Credit Rules, 2004. The Revenue objected, citing Rule 3(1) and Rule 9 of the Cenvat Credit Rules, 2004, which allowed credit only for duty paid on or after 10-09-2004. A show cause notice was issued for recovery of the credit taken. After adjudication and appeal, a demand of Rs. 33,10,612/- was confirmed against the appellant, including interest and penalty. The appellant appealed to the Tribunal against this decision. The appellant argued that the duty paid on the goods was reflected in their accounts when the new Cenvat Credit Rules, 2004, came into force. They contended that since the Cenvat Credit Rules, 2002, allowed credit for duty paid on capital goods, the credit should be allowed for disputed items under the new rules, even if the invoices were raised before 10-09-2004. The appellant relied on judicial decisions stating that such amendments have retrospective effect, including the decisions of Allied Motors (P) Ltd. Vs. Commr. Of Income Tax and Commr. Of Wealth-tax Vs. N.M.R. Krishnamoorthy & Sons Pvt. Ltd. The Revenue opposed the appellant's argument, highlighting the distinct features of credit schemes for central excise and service tax levies before 10-09-2004. They explained that prior to September 2004, credit schemes for central excise and service tax were separate, and it was only after a policy decision in September 2004 that credit for both excise duty and service tax was merged. The Revenue argued that the new rules were a result of a change in policy involving revenue outgo and that such policy decisions could not be extended retrospectively. They cited the decision of CCE, Surat Vs. Electro Mech. Maintenance to support their position. The Tribunal, after considering both sides' submissions, held that the Cenvat Credit Rules, 2004, clearly stipulated that the new credit scheme applied only for duties paid on or after 10-09-2004 and against invoices raised on or after that date. The Tribunal emphasized that it should not decide new policy by granting benefits retrospectively contrary to legal provisions and government policies. The Tribunal distinguished the present case from the judicial decisions cited by the appellant, stating that the rule in question did not involve clarifications to resolve doubts. Consequently, the Tribunal found no merit in the appeal and rejected it.
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