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TMI Blog2019 (2) TMI 689X X X X Extracts X X X X X X X X Extracts X X X X ..... ., ALLAHABAD VERSUS RAM SWARUP ELECTRICALS LTD. [2007 (5) TMI 116 - HIGH COURT , ALLAHABAD], where it was held that in respect of the availment of modvat credit there is no restriction during the impugned period - Since during the period from 01.07.2012 to 31.03.2013 there was no such restriction to avail Cenvat credit within 6 months from the date of receipt of services, by following the ruling o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h abatement of notification and were not availing Cenvat credit. The provisions related to abatement were amended on 01.07.2012. The amended provisions provided that appellant were eligible to take Cenvat credit of service tax paid on input services and service tax was to be paid on 40% of the value. The said amendment was not noticed by the appellant. During the course of audit it has come to kno ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... edit Rules, 2004 through which provision was introduced w.e.f. 01.09.2014 that Cenvat credit was to be availed within 6 months from the date of receipt of input service. He, therefore, rejected the admissibility of Cenvat credit to the appellant and confirmed the demand of ₹ 4,92,632/-, appropriated ₹ 86,340/- and imposed penalty of ₹ 4,06,292/-. Aggrieved by the said order, appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from 01.07.2012 to 31.03.2013 inspite of 6 months limitation being introduced w.e.f. 01.09.2014. 4. Heard the learned A.R. for revenue who has agreed that the issue is settled by the said ruling of Hon ble High Court. 5. Having considered the submissions from both the sides and on perusal of above stated facts, I note that Hon ble Allahabad High Court in para-7 of the ruling in the case Ram ..... X X X X Extracts X X X X X X X X Extracts X X X X
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