TMI Blog2018 (7) TMI 605X X X X Extracts X X X X X X X X Extracts X X X X ..... NVAT credit on inputs but in terms of Rule 4(1) of CENVAT Credit Rules within six months from the said date when the goods become dutiable. The appellants are entitled to avail CENVAT credit - appeal allowed - decided in favor of appellant. - Excise Appeal No. 51032 of 2018, 51129- 51135 of 2018, 51302/2018 - A/52297-52305/2018-SM[BR] - Dated:- 25-6-2018 - Shri Ashok Jindal, Member (Judicial) Ms. Rinki Arora and Shri Ranjeet Ranjan, Advocates for the Appellants Shri K Poddar and S Nunthuk, AR for the Respondent ORDER Per Ashok Jindal: The appellants are in appeal against the impugned orders wherein cenvat credit sought to be denied to the appellants in terms of Rule 4(1) of Cenvat Credit Rules, 2004 which sti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... final products lying in stock on the date on which any goods manufactured by the said manufacturer or producer cease to be exempted goods or any goods become excisable. 6. On going through the said Rule, the assessee is entitled to avail cenvat credit on inputs, work in progress, when their product became dutiable. Admittedly, after crossing the SSI exemption limit, their product has became taxable. This fact has not been disputed by the Revenue. Therefore, in terms of Rule 3(2) of the said Rule, the assessee is entitled to avail cenvat credit on inputs but in terms of Rule 4(1) of Cenvat Credit Rules within six months from the said date when the goods become dutiable. Same view has been taken by this Tribunal in the case of M/s. S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r provision of law should not be interpreted in a manner so as to render the other provision as inapplicable or ineffective. Substantive right provided under the law cannot be denied by referring to other provision, if such substantive right is otherwise available to an assessee. 7. In such a scenario, by adopting the principles of harmonious construction and interpretation of rule, I hold that the appellant right to avail the credit at the time of coming out of the exemption scheme cannot be curtailed down by adopting Rule 4(1) of the Cenvat Credit Rules. Accordingly, I set aside the impugned orders and allow both the appeals with consequential relief. 7. In view of the above analysis, I hold that appellants are entitled to ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
