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2018 (10) TMI 1366 - CESTAT BANGALOREIrregular availment of CENVAT Credit - Rule 4(1) of the Cenvat Credit Rules - The denial is basically on the ground that Notification No. 21/2014-CE dated 11.07.2014 amended Rule 4 by inserting a proviso after the second proviso in sub rule (7), which prescribed time limit for availing credit - Held that:- It is an admitted position of law that prior to 01.09.2014 there was no time limit prescribed to avail cenvat credit - It can be safely assumed that the amendment would apply to invoices raised on or after the said date of amendment. In the light of the later amendment vide Notification No. 06/2015, the period of six months has been extended to one year and if the Notification 21/2014 (supra) were to operate retrospectively, then the same effect would have been provided to the Notification No. 06/2015 as well. The Revenue authorities have erred in denying the benefit of cenvat credit on inputs and input services - appeal allowed - decided in favor of appellant.
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