9911796707
TMI Blog2016 (12) TMI 651X X X X Extracts X X X X X X X X Extracts X X X X ..... 4 - appeal allowed - decided in favor of assessee. - Ex. Appeal No.71324/13 - FO/A/76240/2016 - Dated:- 7-11-2016 - Shri P. K. Choudhary, Judicial Member None for the Appellant Shri S. S. Chattopadhyay, Supdt. (A.R.) for the Revenue ORDER Per: Shri P. K. Choudhary This appeal has been filed by the appellant against the Order-in-Appeal No.38/GHY/2013 dated 02.08.2013 passed by Commr. of Central Excise, Customs S.Tax (Appeals), Guwahati, who has rejected the appeal filed by the appellant. Today, when the case was called for hearing, none appeared on behalf of the appellant. 2. Heard the ld.A.R. for the Revenue and perused the records. 3. I find that in the Order-in-Original, the adjudicating authority has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... immediately used under Rule 4(1) of the CENVAT Credit Rules, 2004,does not lay down that the credit taken subsequently is not permitted. Appellant has relied on the Board's Circular F.No.345/2/2000-TRU dated 29.08.2000 clarifying that even if CENVAT Credit is not taken immediately, the assessee should not be denied the benefit of CENVAT Credit. 5. I find that the Tribunal in the case of Johnson Matthey Chem.India Pvt.Ltd. Vs. CCE, Belapur - 2009 (240) ELT 673 (Tri.Mumbai) after relying upon the above Board's instructions held that upper time limit is not fixed for taking credit. The appellant in this case has been availing the exemption Notification No.32/99-CE as amended. 6. In view of above, the Deptt. took a view that a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of job-worker and receipt in the factory premises of the appellant. Board's Circular No.345/2/2000-TRU dated 29.02.2000 which has clarified that :- The idea is that if the manufacturer desires he can take Cenvat Credit at the earliest opportunity when the inputs are received in the factory. This, however, does not mean, nor is it even intended that if the manufacturer does not take credit as soon as the inputs are received in the factory, he would be denied the benefit of Cenvat Credit. Such an interpretation is not tanable. As it is a case of denial of cenvat credit of ₹ 9,40,360/- on the ground that the appellant failed to avail credit immediately after receipt of the inputs. The Board's Circular as above is in favou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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