2018 (11) TMI 1019

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....appellant had wrongly availed credit to the tune of Rs. 21,35,493/- beyond the time limit of six months / one year in contravention of Rule 4(1) of CENVAT Credit Rules, 2004. Show cause notice dated 2.5.2017 was issued proposing to recover the wrongly availed credit and to impose penalty. After due process of law, the original authority confirmed the demand and imposed penalty. In appeal, Commissioner (Appeals) upheld the same. Hence this appeal. 2. On behalf of the appellant, ld. counsel Ms. S. Sridevi submitted that the law relating to availment of credit as provided in Rule 4(1) of CCR, 2004 was amended vide Notification No.21/2014-CE(NT) dated 11.7.2014. For the first time, the time limit was prescribed for availing credit under the ....

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....7-CESTAT Ahmedabad. 3. The ld. AR Shri L. Nandakumar supported the findings in the impugned order. He argued that since credit has been availed after 1.9.2014, the amended provision could be applicable and therefore the credit has been rightly disallowed. 4. Heard both sides. 5. The issue is whether the appellant is eligible to avail credit on the invoices issued prior to 11.7.2014 / 1.9.2014 from which date time has been prescribed by Notification Nos.21/2014 and 6/2015. The said notification provided that the assessee has to avail credit on the invoices within a period of six months /one year from the date of issue of the invoices / documents. In the present case, it is seen that all the invoices are issued even prior to 11.7.201....