CENVAT credit time limit under the notification governs validity, and later invoice timing alone cannot defeat timely availment.

CENVAT credit distributed by an Input Service Distributor and availed in February 2015 was treated as within the six-month period prescribed by Notification No. 21/2014-CE (N.T.). The analysis focused on the timing rule for availing credit under the CENVAT Credit framework, with the relevant invoice period used to test limitation. A claim could not be rejected merely because invoices were raised later under the Service Tax Rules, where the credit was in fact taken within the prescribed period. The contrary view was found unsustainable, and the assessee was granted relief.

---

---

Issues: Whether the CENVAT credit distributed by the Input Service Distributor and availed in February 2015 was within the six-month time limit prescribed under Notification No. 21/2014-CE (N.T.) dated 11.07.2014.

Analysis: The credit was distributed on a pro rata basis by the Input Service Distributor and availed by the assessee as input service tax credit in February 2015. The central question was the timeliness of the credit claim under the CENVAT Credit framework, with the invoice date being relevant for computing the period. The view that the credit was barred merely because invoices were raised later under the Service Tax Rules was rejected, since the dispute concerned the time limit for availing CENVAT credit and the credit had in fact been taken within six months of the relevant invoice period.

Conclusion: The credit was within the prescribed time limit and was validly availed; the contrary finding was unsustainable.

Final Conclusion: The order of the Commissioner (Appeals) was set aside and the adjudicating authority's order dropping the demand was restored, resulting in relief to the assessee.

Ratio Decidendi: Where CENVAT credit is availed within the period prescribed by the governing notification, the credit cannot be denied merely on the basis of an incorrect approach to the invoice or service-tax timing under the Service Tax Rules.

---