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TMI Blog2017 (6) TMI 266X X X X Extracts X X X X X X X X Extracts X X X X ..... 33 - CESTAT, BANGALORE], is on identical facts, where it was held that When the law is settled on the issue, there is no justification to deny the credit on the ground that it is availed after a long time - appeal allowed - decided in favor of appellant. - E/1210/2003-DB - Final Order No.20622/2017 - Dated:- 28-4-2017 - Shri S.S Garg, Judicial Member and Shri V. Padmanabhan, Technical Member ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid on the cancelled invoices was taken as recredit by the appellant only after a lapse of 16 months. The credit was taken only on 15/04/2002. Revenue disallowed the credit. Even though, the original authority imposed penalty as well, the same was set aside in the Order-in-Appeal. 2. It has been agitated in the present appeal that the recredit has been unfairly denied to the appellant. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the proper officer not later than next working day, following the day on which such invoice is cancelled, and may thereupon take credit of the duty in that account. The circumstances of the present case is squarely covered under the above Rule. However Revenue has denied such recredit only on the reason that the credit has been taken after a lapse of as much as 16 months. We have g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t any law or stipulation prescribing a period of limitation to do or not to do a thing after the expiry of period so stipulated has a consequence of creation and destruction of right and therefore specifically enacted and prescribed therefore. It is not for the course to import any specific period of limitation by implication where there is really none. The Tribunal in the case of Bharat Heavy Ele ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s for not taking credit during the relevant period in view of the uncertainty in the matter. When the law is settled on the issue, there is no justification to deny the credit on the ground that it is availed after a long time. In any case, the Cenvat Credit Rules have not prescribed any outer time limit. In view of this, we do not find any merit in the impugned order. We set aside the same and al ..... X X X X Extracts X X X X X X X X Extracts X X X X
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