9911796707
TMI Blog2018 (5) TMI 657X X X X Extracts X X X X X X X X Extracts X X X X ..... e taken immediately, the same cannot be interpreted in a manner to destroy the right created for an availment of CENVAT credit. Credit allowed - appeal dismissed - decided against Revenue. - E/1954/2010 - A/30464/2018 - Dated:- 20-2-2018 - MR. M.V. RAVINDRAN, MEMBER (JUDICIAL) AND MR. C.J. MATHEW, MEMBER (TECHNICAL) Shri Bhuvaneshwar Rao, (AR) for the Appellant. Shri G. Prahlad, Advocate for the Respondent. [Order per: M.V. Ravindran] This appeal is filed by the Revenue against Order-in- Original No. 22/2010 (RS) dated 10.05.2010. 2. Heard both sides and perused the records. 3. On perusal of records, we find that the issue is whether respondent/assessee was entitled to avail CENVAT credit of Central Excise ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 007 and 2008. 7. The Adjudicating Authority has in the impugned order recorded the following reasoning for dropping the proceedings initiated by the show cause notice. The other question is as to whether the department was justified in invoking the extended period of limitation for recovery of the improper credit. Obviously, the departmental allegation stemmed from Rule 3(1) which allowed credit on duties paid on inputs and capital goods received on or after 10.09.2004. The list of documents on the strength of which such credit was to be availed as mentioned in Rule 9 included an invoice issued by a manufacturer of a registered dealer. There is no restriction in this rule that the invoice should have been dated on or after 10.09.200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... findings of the Adjudicating Authority is fortified by the judgement of the Tribunal in the case of Coromandel Fertilizers Ltd., (supra) wherein the Tribunal held for interpretation of the rule which states that credit may be taken immediately, the same cannot be interpreted in a manner to destroy the right created for an availment of CENVAT credit. We find strong force in the submissions made by the Learned Counsel that the said view has been also held by the Bench in the case of Idea Mobile Communications Ltd., [2012-TIOL- 83-CESTAT-Del]. We find that the said findings as reproduced herein are correct appreciation of the law and they do not require any interference, all the more, that the said views of the Adjudicating Authority are forti ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
