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2014 (11) TMI 32 - AT - Central ExciseCENVAT Credit - Limitation period for taking credit - whether the time limit of taking the credit would be applicable in respect of the triplicate copy of bill of entry specified in clause (c) of sub-rule (3) of Rule 57G - Held that:- time limit of six months would be applicable from the date of issue of the bill of entry and even in respect of the goods imported prior to the amendment of Rule 57G(5) introducing the time limit. Rule 57G(3) very specifically provides that no credit under sub-rule (3) shall be taken by the manufacturer unless the inputs are received in the factory under the cover of specified documents. Further, sub-rule (5) specifically provides that credit shall not be taken by the manufacturer after six months of the date of issue of any document specified in sub-rule (3). The said sub-rule is very clear and prohibits the manufacturer to take credit after six months from the date of issue of the specified document. In the present case, there is no dispute that the credit has been taken after six months from the date of issue of the specified document and even the goods have been received in the factory on 21.03.1996, which is again more than six months as specified in the said sub-rule - Following decision of MRP Ltd. vs. CCE, Mangalore [2006 (11) TMI 231 - CESTAT, BANGALORE] - while confirming the demand, penalty waived - Decided partly in favour of assessee.
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