2018 (11) TMI 1019 – CESTAT CHENNAI – TMI – CENVAT Credit – time limitation – it was alleged that appellant had wrongly availed credit to the tune of ₹ 21,35,493/- beyond the time limit of six months / one year in contravention of Rule 4(1) of CENVAT Credit Rules, 2004 – Held that:- The assessee has to avail credit on the invoices within a period of six months /one year from the date of issue of the invoices / documents – In the present case, it is seen that all the invoices are issued even prior to 11.7.2014. The department has issued the show cause notice on the wrong interpretation of the provisions that credit has been availed by the appellant after 11.7.2014. The amended provision has no retrospective effect.
–
Demand cannot sustain – appeal allowed – decided in favor of appellant. – Appeal No. E/42032/2018 – Final Order No. 42881/2018 – Dated:- 14-11-2018 – Ms. Sulekha Beevi C.S., Member (Judicial) Ms. S. Sridevi, Advocate for the Appellant Shri L. Nandakumar, AC (AR)
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
the time limit was prescribed for availing credit under the notification provided for CENVAT credit and cannot be availed after six months from the date of issue of invoices. The said time limit was thereafter extended to one year vide Notification No.6/2015-CE(NT) dated 1.3.2015. As per the said amended provision, the appellant can avail credit on invoices within a period of one year from the date of the first notification, when the notification has come into force with effect from 1.9.2014. In the present case, all the invoices are dated prior to 1.9.2014. She adverted to pages 49 to 51 of the appeal paper book and submitted that all the invoices are dated 14.6.2012 to 9.1.2014. and are issued prior to 1.9.2014. The time limit for availing credit was prescribed or has come into effect only with effect from 1.9.2014. Thus the invoices on which credit has been later availed by the appellant having been issued prior to 1.9.2014, the credit availed by the appellant is correct and proper.
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Notification Nos.21/2014 and 6/2015. The said notification provided that the assessee has to avail credit on the invoices within a period of six months /one year from the date of issue of the invoices / documents. In the present case, it is seen that all the invoices are issued even prior to 11.7.2014. The department has issued the show cause notice on the wrong interpretation of the provisions that credit has been availed by the appellant after 11.7.2014. The amended provision has no retrospective effect. The issue has been analyzed in the case of M/s. Voss Exotech Automotive Pvt. Ltd. (supra), wherein the Tribunal has discussed as under:- 4. On careful consideration of the submissions made by both the sides, I find that for denial of the credit, the Notification No.21/14-CE(NT) dated 11.7.2014 was invoked wherein six months period is available for taking credit. As per the facts of the case, credit was taken in respect of the invoices issued in the month of March and April 2014 in No
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =