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2020 (3) TMI 259 - AT - Service TaxCENVAT Credit - time limit for taking credit - Credit with regard to some invoices which was of more than six months / one year from the date of issue of the invoices/ bills/ challans - amendment in the Cenvat Credit Rules vide Notification No. 21/2014-CE (NT) dated 11.07.2014 w.e.f. 01.09.2014 - HELD THAT:- For availing the cenvat credit, the consequential accounting entries are to be made in the account of credit entries in RG-23A Part-I and Part-II. The Hon’ble High Court found that all the requirements of this statutory rule are met by the assessee-company, but it is only with reference to accounting and entries in the cenvat register, that the dispute has arisen. Even though, in the entries made under Part-I with regard to account of inputs, the entries made showing the date is within six months, but in Part-II the entry number showing the date is beyond six months, and it is only because of this entry made in Part-II that modvat credit has been denied to assessee. The High Court further observed that in EICHER MOTORS LTD. VERSUS UNION OF INDIA [1999 (1) TMI 34 - SUPREME COURT], the Hon’ble Supreme Court has held that the provisions for facility of credit granted to an assessee is a right accrued to the assessee on the date when they paid the tax on the raw material or the inputs and this right would continue until the facility available thereto gets worked out or until those goods existed. The right to cenvat credit accrues on the date when the goods or service in question is received by an assessee, and such right cannot be modified just for making accounting entry in the other books or Part-II of the cenvat credit register (RG-23A) - Credit cannot be denied - appeal allowed - decided in favor of appellant.
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