9911796707
TMI Blog2007 (11) TMI 497X X X X Extracts X X X X X X X X Extracts X X X X ..... en dismissed on earlier occasion, is awaiting restoration for which restoration application filed by the Appellant is fixed for hearing today. 1.2 Ld. Counsel appearing for the appellant submitted that they failed to appear on the date fixed for hearing for reasons beyond their control and most particularly in view of Jharkhand Bundh. They could not move out. Such cause being very genuine and reasonable, the appellant should not suffer on the ground of non appearance on the date fixed for hearing of the appeal when it had no mala fides nor having any deliberate intention to abuse process of law. Ld. Counsel also submitted that if the appellant is denied justice at the threshold, they shall suffer irreparable injury and such injury shall c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respect of the period that was availed and such credit may be allowed on the date of installation which was only two months after the impugned date of present entry in record for discharge of duty liability after the date of installation of the capital goods. Therefore, he submitted that for ignorance of law, no adverse view may be taken and actual credit admissible from the date of installation be allowed to discharge duty liability. 3. Ld. JDR submitted that if the time period involved was only two months and the appellant claimed credit two months earlier to installation, they could have very well waited for two months and avail the genuine credit if they claim that such credit was admissible to them. Therefore, he prayed that the aut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave come to the conclusion that the appellant was ineligible for the Cenvat credit in question nor also any inadmissibility of such credit is demonstrated by record. Ld. Appellate Authority below only observing that Cenvat credit was availed by the appellant prior to installation of the capital goods held that the appellant was disentitled to the Cenvat credit. The ld. Counsel having fairly admitted that only the date of installation being crucial to grant respective credit and the credit wrongly availed prior to installation has enabled the appellant to discharge its duty liability, the appellant may not be denied credit from the date of installation of capital goods and loss of interest by revenue may be compensated directing to deposit t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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