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2016 (6) TMI 313 - CESTAT CHENNAIEligibility for availment of Cenvat credit - Excise duty paid on inputs and capital goods as well as Service tax paid on Input services - Invoices addressed to appellant's head office at Chennai based - valid duty paying documents - services relatable to "trading" - not registered as Input Service Distributor during the period April 2011 to March 2012. Held that:- it is found that this Bench of the Tribunal, in the case of Pricol Ltd. Vs CCE Coimbatore [2015 (1) TMI 350 - CESTAT CHENNAI] is directly on the issue on hand wherein the Tribunal has held that procedural law deserves to be construed as directory instead of mandatory for its application. The non-registration as ISD should not deprive the appellant of substantial benefit of credit. Moreover, it is found that the appellant has taken the ISD Registration w.e.f. 18.3.2013, and since this is only a procedural lapse in law, credit cannot be denied. The other aspect with regard to trading of goods should be looked into by the adjudicating authority and for that purpose, I remand the matter back to the adjudicating authority to have a relook into the whole issue. In the event, if it is found that appellant has availed the credit which are used for trading of goods, they shall reverse the same immediately. Since the credit is held to be eligible, the consequential penalty is also set aside. - Appeal disposed of
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