TMI Blog2018 (3) TMI 61X X X X Extracts X X X X X X X X Extracts X X X X ..... ermitting the drawal from such a pool of credit for discharge of duty/tax obligation, there can be no other interpretation - there is no justification for demand of interest which, under rule 14 of CCR 2004, is recoverable only on wrongly taken/utilized credit - appeal allowed - decided in favor of appellant. - E/87293/2015 - A/85055/2018 - Dated:- 12-1-2018 - Shri C J Mathew, Member (Technical ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant had, under agreement with supplier and their job-worker that entailed delivery of inputs directly to the premises of job-worker to be brought to the premises of the appellant, availed CENVAT credit on these inputs at the time of receipt by the job-worker. According to the lower authorities, the credit should have been availed only upon receipt at the premises of the appellant and such prematu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ugned order. 6. It would appear from the records that the utilization of such credit did not occur until after the goods were received from the premises of the job-worker. The practice adopted by the appellant that is under dispute pertains to the period from January 2008 to March 2011. Attention has been drawn to the letter dated 29 th June 2007 of the appellant intimating the procedure that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not to the time of availment but to the eligibility for availment. In the scheme that is primarily intended to set off the cascading effects of taxation by permitting the drawal from such a pool of credit for discharge of duty/tax obligation, there can be no other interpretation and the vicissitudes of record-keeping is not envisaged as an impediment to the primary objective of accumulation of cr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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