2010 (5) TMI 748

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....ar, SDR for the Respondent. ORDER After dispensing with the condition of pre-deposit of duty and penalty, I proceed to decide the appeal itself, inasmuch as the issue lies in the narrow compass and is covered by the earlier decisions of the Tribunal. Modvat Credit of Rs. 1,71,799/- has been denied to the appellant on the sole ground that the same has been taken after a period of one year fro....

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....atel, learned advocate argued that in absence of doubt about the receipt of inputs and their utilization in the manufacture of final product, denial of credit on the above ground is neither justified nor proper. 3. My attention has been drawn on the Tribunal's decision in the case of M/s. Essar Steel Ltd. v. CCE, Surat as reported in 2008 (222) E.L.T. 154 (Tri.-Ahmd.), wherein it was observed t....

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....admissible by taking note of the precedent decision of the Tribunal. 4. I have also seen that the provisions of Rule 4(1) which are to the effect that "Cenvat credit in respect of inputs may be taken immediately on receipt of the inputs in the factors' of manufacturer." The use of expression "may be is" in fact, is relaxation given to the manufacturer to avail the credit immediately. This can n....