2018 (6) TMI 786

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....spondent ORDER Per Archana Wadhwa After hearing both the sides, I find that the appellant is engaged in the manufacture of motor vehicles and were availing the benefit of Cenvat credit of duty paid on various inputs. 2. Its so happened that during the period Jan. 2001 and Feb. 2001, the appellant received certain duty paid inputs which were duly entered in their records. As per the app....

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....ingent Duty, Revenue entertained a view that inasmuch as goods were not received in the factory on or after first day of March 2001, the appellant would not be entitled to avail the credit of the same, in terms of the new provisions of Rule 57AB introduced vide Notification No. 6/2001-CE(NT). Accordingly, proceedings were initiated against them resulting in denial of credit to the tune of around R....

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....en the credit in Jan. and Feb, itself, there would have been no objection by the Revenue. In fact, the said inputs were duly entered by them in their input records and it was only taking of credit which was deferred. As such, it can be seen that it is a case where the appellant had earned the credit and has become entitled to the same and only making entries in RG-23A Part-II were delayed/left. As....

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....7AB with an identical condition of availment of credit of duty in respect of inputs received on or after 31.3.2000. Disputes arose in respect of inputs received prior to 31.3.2000 and it was clarified that inasmuch as an assessee has earned Modvat credit in respect of inputs received prior to 31.3.2000, he would be entitled to avail the Cenvat credit of duty paid on the same. 6. A logical inter....