2011 (7) TMI 333

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....at cenvat credit was not availed immediately after the payment of the bills and the service tax. While the original adjudicating authority disallowed the credit and imposed a penalty equal to the credit taken, the Commissioner (Appeals) in the impugned order set aside the Order-in-Original and Revenue is in appeal against this decision.   2. The learned DR on behalf of the Revenue reiterated the grounds of appeal. According to the grounds of appeal, the learned Commissioner (Appeals) while considering the stay application had required the respondents to deposit an amount of Rs.1 lakh on the ground that the reliance of the respondents on the decision of the Tribunal in the case of M/s. Coromandel Fertilizers Ltd. Vs. CCE Visakhapatna....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ards the decision of the Hon'ble Supreme Court in the case of Raghuvar (India) Ltd. , I take note of the fact that this very same decision was relied upon by the Tribunal in the case of Coromandel Fertilizers Ltd. to come to the conclusion that there cannot be any time limit. The Tribunal had taken note of the observations of the Hon'ble Supreme Court in para 13 while coming to this conclusion which is reproduced for better appreciation.   "Any law or stipulation prescribing a period of limitation to do or not to do a thing after the expiry of period so stipulated has the consequence of creation and destruction of rights and, therefore, must be specifically enacted and prescribed therefor - It is not for courts to import any specifi....