2018 (9) TMI 1778

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....appellant Shri P. Juneja, DR - for the respondent Archana Wadhwa, After hearing both the sides, I find that the appellant was engaged in import of marble slabs. During the year February 2015, the appellant was availing the small scale exemption benefit and after crossing the same, they started availing the Cenvat credit. In terms of the relevant provisions, they availed the credit to the ....

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....tlement to avail the credit of the inputs lying in stock as on the date of their crossing the exemption limit, in terms of Rule 3(2) of the Cenvat Credit Rules, 2004. There is also no dispute about the quantum of inputs lying in stock, either as such or as contained in final product lying in stock. The only objection of the Revenue is in terms of Rule 4(1) of the Cenvat Credit Rules which permits ....

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.... Rule 4(1). Rule 4(1) which provide for availment of credit within a period of six months from the relevant document applies whether an assessee is already working under the cenvat credit scheme and is availing the cenvat on regular basis. A harmonious interpretation of both the rules leads to the above conclusion. By referring to one provision of law, the other provision cannot be made otiose, as....