TaxTMI 
TaxTMI 
2014 (8) TMI 450
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....r (AR), for the Respondent. ORDER The appeal and stay application are directed against Order-in-Appeal No. YDB(64)Thi/2012, dated 29-5-2012 passed by the Commissioner of Central Excise (Appeals), Mumbai-I. 2. The facts of the case are as follows. 3. The appellant M/s. Dagger Forst Tools Ltd., have a number of manufacturing units at Thane, Ambernath and Aurangabad. Their office at Tha....
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....prior to 4-10-2008 and the taxes were also paid prior to that date and, therefore, the appellant could not have distributed the credit in respect of the taxes paid. The appellant was also imposed with a penalty of an equivalent amount. The appellant preferred an appeal before the lower Appellate Authority who dismissed their appeal, hence the appellant is before me. 4. The learned Consultant....
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....pect of the taxes paid prior to the registration as input service distributor, he is entitled to distribute the tax credit. 5. The learned A.R. reiterates the findings of the lower authorities. However, on a specific query as to whether there is any specific restriction in the Cenvat Credit Rules, 2004 which provides that credit can be distributed only in respect of taxes paid on or after th....
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....vat credit of the Service Tax paid irrespective of any time limitation. The only condition to be satisfied is that they should have paid the Service Tax prior to availing the credit. So long as this condition is satisfied, there is no time-limit prescribed in the Rule within which the Cenvat credit has to be taken. If that be so, there is no reason why in the case of input service distributor alon....