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TMI Blog2020 (3) TMI 451X X X X Extracts X X X X X X X X Extracts X X X X ..... regarding eligibility of Cenvat Credit on the machine imported by them in the financial year 2012-2013. It was pointed out by them that they have not claimed any depreciation since 2012-2013. The appellants were not registered at the that time and were availing small scale exemption. After taking registration, the appellant took credit on 04/03/2017 and informed the Assistant Commissioner. However, they reversed the said credit on 23/03/2017 on the ground that while they intended to litigate the matter with the department, thereafter they filed the refund claim of the said amount reversed by them. 2.1 Learned Counsel relied on the decision of Tribunal in the case of Bharat Resins Ltd Vs CCE, Surat-I vide Final Order no. A/11369/2019 dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Sicgil Industrial Gases Ltd. (supra) squarely covers this issue and held that the time limit introduced for availing Cenvat Credit on capital goods by the notification no. 06/2015 only has prospective effect and cannot be applied to the said amendment. In these circumstances, the appellant becomes eligible to avail the Cenvat credit on the capital goods without any restriction of the time limit imposed by notification no. 06/2015 dated 01/03/2015. 4.1 Another point argued by the Revenue is that at the time when the Capital goods were received, the appellants were not entitled to avail the Cenvat Credit as the goods manufactured by them were fully exempt. It is seen that the appellants at the material time were claiming full exemption by v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave reversed the said credit under protest: thus, once having reversed the irregular Modvat credit under protest and having communicated to the Range Superintendent about such reversal, this being not a clerical mistake, it was not open to the appellants to score off the said reverse entries: the proper course would have been to file a refund claim; the reversal of Modvat credit was under duress, nothing prevented the appellants to bring such actions of Range Supdt. to the notice of the higher authorities: thus, nullifying the reversal entries on their own were not in the nature of clerical mistakes and hence appeared to be unsustainable. 3. After hearing the learned JDR and perusal of the records, I do not find any merits in the appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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