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    <title>2023 (5) TMI 1131 - CESTAT CHENNAI</title>
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    <description>The Tribunal upheld the Commissioner (Appeals)&#039; decision in the case, dismissing the Department&#039;s appeals on both issues raised. The Department&#039;s contention that registration is a prerequisite for availing CENVAT Credit was rejected, citing precedents that absence of registration does not justify denial of credit. Additionally, the Tribunal ruled that premature availment of credit is a procedural lapse but does not invalidate the substantive right to credit if conditions are met. Consequently, the Department&#039;s appeals were found to lack merit, and all three appeals were dismissed as not maintainable.</description>
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    <pubDate>Fri, 26 May 2023 00:00:00 +0530</pubDate>
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      <title>2023 (5) TMI 1131 - CESTAT CHENNAI</title>
      <link>https://www.taxtmi.com/caselaws?id=438324</link>
      <description>The Tribunal upheld the Commissioner (Appeals)&#039; decision in the case, dismissing the Department&#039;s appeals on both issues raised. The Department&#039;s contention that registration is a prerequisite for availing CENVAT Credit was rejected, citing precedents that absence of registration does not justify denial of credit. Additionally, the Tribunal ruled that premature availment of credit is a procedural lapse but does not invalidate the substantive right to credit if conditions are met. Consequently, the Department&#039;s appeals were found to lack merit, and all three appeals were dismissed as not maintainable.</description>
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      <pubDate>Fri, 26 May 2023 00:00:00 +0530</pubDate>
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