9911796707
TMI Blog2018 (11) TMI 1019X X X X Extracts X X X X X X X X Extracts X X X X ..... for the Respondent ORDER Brief facts are that the appellants are engaged in manufacture of MS bars, MS billets etc. and are availing the facility of CENVAT credit on inputs, capital goods and input services. During the course of audit, it was noticed that for the period September 2014 to September 2015, the appellant had wrongly availed credit to the tune of Rs. 21,35,493/- beyond the time lim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thereafter extended to one year vide Notification No.6/2015-CE(NT) dated 1.3.2015. As per the said amended provision, the appellant can avail credit on invoices within a period of one year from the date of the first notification, when the notification has come into force with effect from 1.9.2014. In the present case, all the invoices are dated prior to 1.9.2014. She adverted to pages 49 to 51 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issioner of Central Excise, Kolhapur - 2018 (9) TMI 19 - CESTAT Mumbai and M/s. Indian Potash Ltd. Vs. Commissioner of Central Excise, Meerut - 2018 (10) TMI 1367-CESTAT Ahmedabad. 3. The ld. AR Shri L. Nandakumar supported the findings in the impugned order. He argued that since credit has been availed after 1.9.2014, the amended provision could be applicable and therefore the credit has been r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... supra), wherein the Tribunal has discussed as under:- "4. On careful consideration of the submissions made by both the sides, I find that for denial of the credit, the Notification No.21/14-CE(NT) dated 11.7.2014 was invoked wherein six months period is available for taking credit. As per the facts of the case, credit was taken in respect of the invoices issued in the month of March and April 201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... considered as account for cenvat credit. Even though the credit was not entered in so called RG23A Part Ii but it is recorded in the books of accounts, it will be considered as cenvat credit was recorded. On this ground also, it can be said that there is no delay in taking the credit. As per my above discussion, the appellant is entitled for the cenvat credit hence the impugned order is set aside ..... X X X X Extracts X X X X X X X X Extracts X X X X
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