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TMI Blog2004 (9) TMI 434X X X X Extracts X X X X X X X X Extracts X X X X ..... is appeal is directed against the order-in-appeal No. 116/2003 (M-II), dated 20-10-03 passed by the Commissioner of Central Excise (Appeals), Chennai, by which the Commissioner has rejected the appeal filed by the assessee holding that since the inputs were received much before the crucial date viz. before 1-3-2002, the assessees are not entitled to take Cenvat credit. 2. Brief facts are that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ereby he has demanded duty of Rs 32,384/- being the Modvat credit taken by them, invoking the longer period of limitation in terms of Section 11A of the CE Act, read with Rule 12 of the Cenvat Credit Rules, 2002, apart from imposing penalty of equal amount in terms of Rule 13(1) of the Cenvat Credit Rules, 2002. He has also demanded interest in terms of Section 11AB of the Act. Aggrieved by the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tances, it was held that credit was admissible. The said decision has referred to the decision of the Larger Bench in the case of Hindalco Industries Ltd. (supra). 4. Heard Shri B.L. Meena, learned SDR. 5. Considered the submissions. I note that in identical situation, the Larger Bench in the case of Hindalco Industries Ltd. v. CCE, Allahabad reported in 2000 (119) E.L.T. 711 has held in favou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d or for any other reason, the assessee shall be entitled to take Cenvat credit of the duty paid as if such goods are received as inputs under the Cenvat Credit Rules, 2002. In view of the clear rule on the subject and the well settled legal position, I hold that the impugned order is not in accordance with law and set aside the same and allow the appeal with consequential relief, if any. Ordered ..... X X X X Extracts X X X X X X X X Extracts X X X X
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