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2018 (6) TMI 786 - CESTAT NEW DELHICENVAT credit - inputs - Revenue entertained a view that inasmuch as goods were not received in the factory on or after first day of March 2001, the appellant would not be entitled to avail the credit of the same, in terms of the new provisions of Rule 57AB introduced vide N/N. 6/2001-CE(NT) - Held that:- When the inputs were received in the assessee’s factory in Jan. and Feb. 2001, they were admittedly entitled to avail the credit of duty paid thereon. Had they taken the credit in Jan. and Feb, itself, there would have been no objection by the Revenue. In fact, the said inputs were duly entered by them in their input records and it was only taking of credit which was deferred. As such, it can be seen that it is a case where the appellant had earned the credit and has become entitled to the same and only making entries in RG-23A Part-II were delayed/left. As such, it is a case of correction of records and has no bearing on the appellant’s entitlement to take credit. The amended provisions talks about taking of credit in respect of inputs received on or after 1.3.2001 inasmuch as National Calamity Contingent Duty was imposed for the first time with effect from 1.3.2001 and in respect of inputs received prior to the said dates, no credit of such duty would have been available to the assessee. The assessee cannot be denied the credit in respect of inputs received by him prior to 1.3.2001, especially when he was within his rights to avail the credit in respect of said inputs and could have availed the same immediately on receipt of the goods prior to 1.3.2001 - appeal allowed - decided in favor of appellant.
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