9911796707
TMI Blog2006 (7) TMI 115X X X X Extracts X X X X X X X X Extracts X X X X ..... ta, J. [Order]. - 1. The following questions are proposed for admission of this appeal. "(A)'Whether Rule 7(1)(b) of the Cenvat Credit Rules, 2002 will not be applicable to the respondent though claim of Cenvat Credit is claimed in the year 2002-03? (B) Whether the claim of Cenvat credit of appellant for inputs of goods during 1994-95, was time-barred in May, 2003, as per Rule-3 of the Cenvat Credit Rules, 2002?" 2. Considering the issue raised in the question, the Tribunal has considered this aspect as under: "(g) We find that there is no provisions under the Central Excise Act or the Rules which prescribes a period within which credit of duty paid on the capital goods should be entered as taken in the register maintained. The inten ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case of in Indian Aluminum Co. Ltd. v. Thane Municipal Corporation reported in 1991 (55) E.L.T. 454 (S.C.) relied upon by the Commissioner, which was rendered in the context of the Maharashtra Octroi Rules, 1988 and not in context of the Central Excise Rules and the ratio thereunder cannot be applied in the facts of this case blindly. The Commissioner's findings in this regard are therefore to be set aside. (i) It is found that the provisions of Rule 7(1)(b) of the Cenvat Credit Rules, 2002 are not applicable in the present case as payment of duty was subsequent to a failure of export obligations requirement and the finding of the Commissioner that the appellants knew at the time of making an application for EPCG Licence that they wil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he reply during the personal hearing that the imported plant installed are in use and that the appellants have not claimed the benefit of the depreciation. A perusal of the Show Cause Notice does not reveal any such allegation as regards depreciation. The Chartered Accountant's certificate has been produced and we find therefore no reasons to uphold the order on the ground of depreciation having been claimed. The plea of the order traverse beyond the Show Cause Notice is upheld and the order is also required to be set aside on this account." Much emphasis has been led on Rule-7(1)(b) of the Cenvat Credit Rules, 2002. Admittedly, the goods were imported in the year 1994-95 and ultimately duty has been finally settled by the Settlement Commi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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