Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2013 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (9) TMI 20 - AT - Central ExciseMODVAT Credit Claim - Whether the mistake committed by the assessees in not reflecting the quantum of credit in RG-23A Part II register would disentitle them from the benefit of credit of duty paid on the inputs - Held that:- A manufacturer becomes entitled to take credit immediately on receipt of the inputs without any further formality - The amount of credit was to be simplicitor written in the records - the provisions of sub-rule (7) of Rule 57G require a manufacturer to maintain an account in form RG- 23A, Part I and Part II - entries in RG-23A Part I itself would entitle an assessee to avail the credit and the entries in RG-23A Part II is only for accountal purposes - As such, it was clear that RG-23A Part-II was only for the purpose of reflecting upon the quantum of credit taken, utilised and balance of the same - RG-23A Part II does not confer substantive right to the assessee for availment of credit. Bar of Limitation - when the entries stand made in RG-23A Part I within a period of six months, the availment of credit after six months period was permissible or not - Held that:- An assessee would be entitled to take the credit even after a period of six months - the time-limit of six months in availing the credit had been introduced with the sole objective of avoiding the evil of taking the credit in respect of inputs which had been cleared by the input manufacturer more than six months back - Relying upon COMMISSIONER OF CENTRAL EXCISE, HYDERABAD Versus AUROBINDO PHARMA LTD. [2000 (10) TMI 93 - CEGAT, CHENNAI] - The said provision cannot be pressed into service to deny the otherwise available substantive benefit of credit, to an assessee who had received the goods within the period of six months from the date of clearance from the input manufacturer’s factory and has duly made entries in RG-23A Part-I record - ultimately the period of six months introduced in the said rule was withdrawn by the legislature with effect from 1-4-2000 - There were no merits in the Revenue’s appeal and reject the appeal.
|