TMI Blog2013 (3) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... ods, the manufacturer cannot be deprived of taking of the credit. Thus the impugned orders whereby the credit was denied on the ground that the same has not been taken immediately on receipt of the inputs are not sustainable hence set aside and consequential penalties are also set aside - in favour of assessee. - E/792/11 & E/1168/08 E/CO-1/09 - A/932 to 934/12/EB/C-II - Dated:- 20-11-2012 - S.S. Kang And Sahab Singh, JJ. Appellant Rep by: Shri Bharat Raichandani, Adv. Respondent Rep by: Shri A.K. Prabhakar, Superintendent (AR) Per: S.S.Kang Heard both sides. Common issue is involved, therefore, the appeals are being taken up together. 2. The appellant filed appeal no. E/1168/08 whereby the adjudicating authorit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t that the purport of the term immediately is that if the manufacturer decides to take credit, the manufacturer can take credit at the earliest point of time after the inputs are received in the factory. It does not mean that if the manufacturer does not take credit as soon as the inputs are received in the factory, the manufacturer is not entitled for the credit. The contention is that the manufacturer was allowed to take credit in respect of the inputs received in the factory without putting the same to use and it does not mean that if the credit was not taken immediately, the manufacturer is debarred from taking credit. The appellants relied upon the decision of the Tribunal in the case of SGS India Pvt. Ltd., in appeal no. E/209/10, f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rules provides as under;- The CENVAT credit in respect of inputs may be taken immediately on receipt of the inputs in the factory of the manufacturer or in the premises of the provider of output service. 8. The Revenue is interpreting the word immediately for denying the credit on the ground that the credit has not been taken immediately on receipt of the inputs in the factory. The provisions of Rule 4(1) are interpreted by the Tribunal in the decision of Transformers Rectifiers (supra) after relying upon the earlier decision of the Tribunal in the case of Essar Steel Ltd. vs. CCE, Surat-I reported in 2008 (222) ELT 154 (T) and the Board's Circular dated 29.08.2000 and held that the manufacturer can take credit when the input ..... X X X X Extracts X X X X X X X X Extracts X X X X
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