9911796707
TMI Blog2024 (9) TMI 1475X X X X Extracts X X X X X X X X Extracts X X X X ..... he decision of the Hon'ble Supreme Court in COLLECTOR OF CENTRAL EXCISE, PUNE VERSUS DAI ICHI KARKARIA LTD. [ 1999 (8) TMI 920 - SUPREME COURT] was invited wherein, it has been held ' There is no provision in the rules which provides for a reversal of the credit by the Excise Authorities except where it has been illegally or irregularly taken, in which event it stands cancelled or, if utilised, has to be paid for. The credit in the instant cases having been taken validly, is, therefore, indefeasible.' Thus, the credit which was earned by the petitioner cannot be defeated under the provisions of the CENVAT Credit Rules, 2001. As far as the procedural irregularity committed by the petitioner in following the procedures under Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner had filed W.P.No.5694 of 2019. The said writ petition was disposed on 19.06.2019. Pursuant to which, Show Cause Notice bearing Reference No.01/2019 (DC) dated 13.11.2019 was issued which has now culminated in the impugned order. 6. The case of the petitioner is twofold. It is submitted that post facto after the receipt of the aforesaid Letter dated 21.12.2018, the petitioner had also filed related returns under Rule 12(5) of the Central Excise Rules, 2001, on payment of necessary charges and therefore, the default if any has been cured. It is submitted that the substantive benefit of CENVAT credit which was permitted to be transitioned under Section 140 of the Central Goods and Services Tax (CGST) Act, 2017 ought not to have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o, this writ petition is liable to be dismissed. 12. I have considered the arguments advanced by the learned counsel for the petitioner and the learned Senior Standing Counsel for the respondent. 13. In my view, as long as the petitioner was entitled to avail Input Tax Credit under the provisions of the CENVAT Credit Rules, 2004, it cannot be allowed to be lapsed, unless the provisions of the CENVAT Credit Rules, 2004 itself provided for its lapsing. In this connection, the decision of the Hon'ble Supreme Court in Collector of Central Excise, Pune and others Vs. Dai Ichi Karkaria Limited and others , (1999) 7 SCC 448 was invited wherein, it has been held as under:- There is no provision in the rules which provides for a reversal of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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