TMI Blog2010 (2) TMI 498X X X X Extracts X X X X X X X X Extracts X X X X ..... sequently. Show Cause Notice was issued to forfeit the Cenvat credit above lying in the Account of Assessee on the ground that when the credit was unutilised, there is no further right to be carried forward to avail benefit of the same. Held that - right accrued cannot extinguish without mandate of law. In the light of the decision of Rasoi Ltd. v. UOI allow the appeal. - E/915/2005-EX(BR) - 174 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erating under a scheme of exemption from duty prior to 3-1-2002 and credit was earned as that was standing to its credit as above stands lapsed. 2. Learned Counsel Shri Madhav Rao submits that when right to carry forward the unutilized Cenvat credit was not denied by Notification No. 10/2002 dated 1-3-2002, such a right cannot be denied by show cause notice or adjudication proceedings. Hon'ble H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... were earlier denied in terms of finding by the learned Commissioner as per the order of adjudication in para 15 at page 6 thereof. His further submission is that Rule 3(2) of Cenvat Credit Rules 2002 prohibits the benefit of Cenvat credit which was not utilized when a new scheme comes into operation. Also his further argument is that when the appellant did not inform the department as to the exist ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the Hon'ble Court has dealt with the right to credit and held that the right does not extinguish on its own volition. That judgment has been upheld by the Apex Court in the case or Rasoi Limited v. Union of India reported in 2005 (182) E.L.T. A91 (S.C.). Also we have gone through the Notification No. 10/2002-C.E., dated 1-3-2002. Nowhere the Notification says that the past right has been diminis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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