2013 (4) TMI 70

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..... ould not have taken Cenvat credit of countervailing duty paid on machines imported prior to the date on which service tax registration was granted on such reasoning denying Cenvat credit along with interest and penalty. – Held that - There is nothing in the rules prohibiting a person from maintaining proper account. There is no statutory record presently prescribed like "RG-23" as was earlier in f .....

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..... gistration certificate. In the next financial year Cenvat credit of balance 50% was taken. The issue involved in the second appeal is about such credit. 2. Revenue made out a case that the appellant could not have taken Cenvat credit of countervailing duty paid on machines imported prior to the date on which service tax registration was granted. Based on such reasoning Revenue has initiated proce .....

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..... machine procured prior to the date of issue of registration certificate. The argument of the lower authorities seems to be that the credit entries in the register for taking credit should not have been earlier than the date of granting of registration. There is nothing in the rules prohibiting a person from maintaining proper account. There is no statutory record presently prescribed like "RG-23" .....

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