Cenvat credit cannot be denied for delayed availment when eligibility is undisputed and no statutory time limit exists.

Cenvat credit could not be denied merely because it was taken after several years where eligibility to the credit was undisputed and the applicable Cenvat rules prescribed no outer time limit. A limitation period cannot be imported by implication when the statute does not enact one. On that basis, delayed availment by itself was not a valid ground to refuse credit, and the assessee remained entitled to the credit.

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Issues: Whether Cenvat credit could be denied merely because it was taken after a lapse of several years, when the entitlement to credit was not in dispute and the relevant rules did not prescribe any outer time limit.

Analysis: The entitlement to credit on the fuel was not disputed. The only objection was delay in taking the credit. The order under challenge proceeded on the premise that credit must be taken within a reasonable time, but the applicable Cenvat regime did not prescribe any outer period of limitation. A period of limitation cannot be imported by implication where none is enacted. Once the law on eligibility had settled and the claim was otherwise admissible, there was no justification to deny credit merely because it was taken belatedly.

Conclusion: The denial of Cenvat credit for delayed availment was not sustainable, and the assessee was entitled to the credit.

Ratio Decidendi: In the absence of an express statutory outer time limit, Cenvat credit cannot be denied merely on the ground of delayed availment when eligibility is otherwise undisputed.

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