2011 (4) TMI 1310

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Kumar Assts., Advocates, for the Respondent. JUDGMENT [Judgment per : N. Kumar, J.]. - This appeal is by the Revenue challenging the order passed by the Tribunal holding that in view of the judgment of the Apex Court in the case of CCE, Pune v. Dai Ichi Karkaria Ltd. [1999 (112) E.L.T. 353 (S.C.)] when once Cenvat credit is taken it is indefeasible and merely because subsequently the final p....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... payment of supplementary invoice in respect of inputs received prior to the date of exemption, whether the assessee is entitled for the same benefit? Underlining the principle, if the assessee has paid the duty on inputs prior to the date of exemption he is entitled to the Cenvat credit once the inputs are received prior to the exemption. What happens subsequently is immaterial. Therefore the rea....