TMI Blog2018 (4) TMI 1760X X X X Extracts X X X X X X X X Extracts X X X X ..... n or mis-representation. Appeal allowed - decided in favor of appellant. - Excise Appeal No: 85305 of 2018 - A/88482/2018 - Dated:- 16-4-2018 - HON BLE MR C J MATHEW, MEMBER (TECHNICAL) Shri VB Gaikwad, Advocate for the appellant Shri DS Chauhan, Superintendent (AR) for the respondent ORDER Appellant is aggrieved by order-in-appeal no. PUN-EXCUS-001-APP-0713-/2017-18 dated 27th November 2017 of Commissioner of Central Excise (Appeals), Pune I arising from challenge to order of original authority which disallowed CENVAT credit of ₹ 5,41,329, while allowing credit of ₹ 40,393, for not having been availed within six months from the date of issue of i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T) dt. 1.3.2015 the period available for taking credit is 1 year in terms of the notification, the invoices issued in the month of March and April 2014 become eligible for cenvat credit. I also observed that the notification No. 21/14-ST (NT) dt. 11.7.2014 should be applicable to those cases wherein the invoices were issued on or after 11.7.2014 for the reason that notification was not applicable to the invoices issued prior to the date of notification therefore at the time of issuance of the invoices no time limit was prescribed. Therefore, in respect of those invoices the limitation of six months cannot be made applicable. Moreover, for taking credit there is no statutory records prescribed the assessee s records were considered as accoun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he considered opinion that in the light of the judgment delivered by the Division Bench of Gujarat High Court, the Tribunal was justified in remanding the matter back and holding that mandatory equal penalty and extended period of 5 years are not attracted. The High Court of Karnataka in the case of Commissioner of Central Excise, Bangalore v. Sanmar Speciality Chemicals Ltd., reported in 2016 (43) STR. 347 (Kar.) in paragraph 7 and 8 has held as under: 7. It is an admitted fact that the input tax credit was claimed in the return of the assessee from time to time and therefore, it was not a matter for suppression of facts, as sought to be canvassed on behalf of the appellant. 8. Once full f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5 (317) ELT 408 (Allh.); Associated Pigments Ltd., Vs. CCE reported in 1993 (68) ELT 514 (Cal.); CCE v. Punjab Laminates Pvt. Ltd., reported in 2006 (202) ELT 578 (SC); and, Cadila Pharmaceuticals Ltd., v. CCE order dated 10/11/2016 passed by the Gujarat High Court, at Ahemdabad and, therefore, this Court is of the considered opinion that the Tribunal was justified in holding that extended period of five years and mandatory equal penalty are not attracted. 10. No substantial question of law arises in the present appeal and, therefore, the admission is declined. is clear. 5. Respectfully following this decision, the impugned order is set aside and allow the appeal. (Pronounced ..... X X X X Extracts X X X X X X X X Extracts X X X X
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