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2016 (12) TMI 598 - AT - Service TaxDenial of CENVAT credit utilisation - benefit of abatement under N/N. 1/2006-ST dated 1.3.2006 was availed - Held that: - I find that identical issue has been decided by the Tribunal in the case of Archivista Engineering Projects Pvt. Ltd. [2015 (7) TMI 466 - CESTAT MUMBAI], where it was held that Appellant have rightly taken credit for the input services received and availed admittedly prior to 01.03.2006 although credit for the same have been taken on 01.04.2006, subsequent to coming into force of N/N.1/06, following the ruling of the Hon'ble High Court of Bombay in the case of Tata Engineering & Locomotive Company Ltd. (2003 (1) TMI 124 - HIGH COURT OF JUDICATURE AT BOMBAY). The intention of the Government is also express, that it is not to disallow the CENVAT Credit for the previous period as there is no such specific bar in the subsequent N/n. 1/2006. This view is further fortified by the view taken by CBEC Circular with respect to brought forward CENVAT Credit under Rule 6 sub Rule 3 when the disability of utilisation of 20% was removed. CENVAT credit utilisation justified - appeal allowed - decided in favor of appellant-assessee.
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