2018 (1) TMI 149

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ER Per: Mrs. Archana Wadhwa After hearing both the sides I find that the appellant who is engaged in the manufacture of Electrical Panel and purchased imported raw material from one registered dealer, who cleared the same on payment of basic customs duty and cess and also additional customs duty. The appellant was entitled to avail the Cenvat credit of duty so paid by the registered dealer. ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....of the inputs in the factory and the word 'immediately' connotes that as soon as possible. The lower authority has observed that law does not come to the aid of those who sleep on their own rights and the appellant having missed the availment of the credit at the relevant time, cannot be now allowed to avail the same after an unreasonable delay. 3. Learned CA appearing for the appellant, has dr....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t. I find that the present provisions of Rule 4 of Cenvat Credit Rules, 2004 are pari materia to Rule 57G of erstwhile Central Excise Rules, 1944 and no such time limit is laid down in the said Rule 4. The same provides for taking of credit immediately on receipt of inputs, without binding an assessee with the period, within which, the credit should be availed. In the absence of any such time limi....