Deemed Cenvat credit on post-Rule 12B invoices upheld where records did not show invalid receipt or invoice defects.

Deemed Cenvat credit on invoices issued after omission of Rule 12B of the Central Excise Rules was sustained because the Tribunal followed its earlier view on the same supplier and relied on the Board circular stating that goods lying with the firm could still be cleared under invoice on payment of duty according to law. The record did not establish that the goods covered by the invoices were received by the trader before the relevant date, or that registration and invoice issuance were otherwise invalid. In the absence of contrary findings, the credit claim was accepted and the impugned order was set aside.

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Issues: Whether the appellant was entitled to avail deemed Cenvat credit on invoices issued after deletion of Rule 12B of the Central Excise Rules, 2002.

Analysis: The Tribunal followed its earlier view on the same supplier and relied on the Board circular clarifying that even after omission of Rule 12B, goods lying with the firm could be cleared under invoice on payment of duty according to law. The record did not establish whether the goods covered by the invoices had been received by the trader prior to the relevant date or whether the registration and invoice issuance were otherwise invalid. In the absence of contrary findings, there was no reason to depart from the precedent.

Conclusion: The credit dispute was decided in favour of the appellant and the impugned order was set aside.

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