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2018 (8) TMI 417 - AT - Central ExciseTime limitation for availing CENVAT Credit - Held that:- During the relevant period as per the provision of Rule 4(1), it was merely provided that the Cenvat Credit in respect of inputs may be taken immediately on receipt of the inputs in the factory. However, there is no time limit prescribed for taking the credit. If we draw the interpretation of the term ‘may be taken immediately’, it is a facility provided to the assessee that he needs not to wait for use of the material and removal of the finished goods on payment of duty for taking the credit, therefore, the intention of this provision is that after receipt of the inputs even though it is lying in the factory, not used in the manufacture of final product and final product was not cleared on payment of duty, the credit can be taken immediately on receipt of the inputs. There is no bar provided in the Cenvat Credit Rules that within how much period credit should be taken. The Ld. Counsel invited out attention to the goods receipt note which bears the detail of transport such as Lorry Receipt number etc. Since these records were not before the Adjudicating Authority, he did not verify regarding receipt of the inputs. Ld. Commissioner gravely erred for the reason that if at all he wanted to see the LRs, he could have called for from the appellant which he failed to do so. Accordingly, Ld. Commissioner has grossly violated the principles of natural justice. Moreover, outcome of the verification report was not brought to the notice of the appellant. If this exercise would have been done by the Ld. Commissioner, the case could have been finally decided. Since the additional records such as LRs were produced before this tribunal and not before the Adjudicating authority, to this extent, the matter needs to be remanded. Appeal allowed by way of remand.
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