Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2011 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (3) TMI 759 - CESTAT, MUMBAIDemand - Cenvat credit - Board’s Circular dated 29-2-1996 - The only change is that the inputs have been procured at their factory instead of their Head office. Moreover, we have also observed that in the show-cause notice the same Bills of Entry are mentioned in Annexure ‘A’ for denying credit as the same has not been availed immediately - it is clear that the intent of the legislature is that the manufacturer should not be denied the credit of the inputs procured by them within the provisions of law - if the appellant has not taken the credit immediately on receipt of the goods, the appellant cannot be deprived from taking the credit later-on - Held that: the appellants are entitled for CENVAT credit and they cannot be denied the CENVAT credit merely on the ground that they have not taken the credit immediately - Appeal is allowed
|