Cenvat credit on pre-01.09.2014 invoices remains available despite the later six-month restriction.

The six-month restriction inserted by Notification No. 21/2014-CE(NT) into Rule 4(7) of the Cenvat Credit Rules, 2004 was treated as inapplicable to invoices issued before 01.09.2014. The amendment could not be used to deny credit on documents issued before its effective date, so the controlling date was the invoice date rather than the date of taking credit. On verification that the invoices were issued prior to 01.09.2014, the assessee remained entitled to Cenvat credit.

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Issues: Whether the six-month restriction introduced by Notification No. 21/2014-CE(NT) dated 11.07.2014 to Rule 4(7) of the Cenvat Credit Rules, 2004 applies to credit taken after 01.09.2014 on invoices issued before 01.09.2014.

Analysis: The limitation inserted by the notification was held to be inapplicable to invoices issued prior to 01.09.2014. The decision proceeded on the settled position that the amendment could not be applied so as to deny credit on documents issued before the effective date. The invoices had to be verified as having been issued prior to 01.09.2014, and on that basis the appellant was held entitled to the credit.

Conclusion: The restriction did not apply to pre-01.09.2014 invoices, and the assessee was entitled to the Cenvat credit.

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