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2015 (2) TMI 1011 - AT - Central ExciseCenvat credit - Cenvat credit has been availed with inordinate delay - Held that:- In Cenvat Credit Rules, 2004 there is no time period prescribed of taking the Cenvat Credit on inputs. In the case of SGS India Pvt. Ltd. (2011 (3) TMI 759 - CESTAT, MUMBAI) the issue came up before this Tribunal and the Tribunal held that Cenvat credit can be taken at any time after purchase of the goods. Further the case law cited by the learned A.R. has no relevance to the facts of the present case as in that case the assessee took the credit within one year of the purchase of the inputs and this Tribunal held that the credit is taken within a reasonable time. Therefore it does not mean that if the credit is not taken within one year it is not entitled to take credit. With these terms, I do agree with the findings of the learned Commissioner (Appeals) holding that the respondents are entitled to take credit. Therefore the impugned order has no infirmity and the same is upheld. - Decided against Revenue.
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