2019 (1) TMI 1158

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....er 73 of the First Schedule to the Central Excise Tariff Act, 1985. Investigation undertaken by the Department revealed that during the month of December 2015, the appellants had availed irregular CENVAT credit to the tune of Rs. 42,82,474/- in respect of the goods imported by them viz. 'Hot Extruded Louvres' vide two documents viz. Bills of Entry No. 2252321 dated 28.05.2013 and 2371609 dated 10.06.2013. The Department entertained the view that the CENVAT credit has been availed beyond the statutory period of one year from the date of document which was in contravention of the amended Rule 4(1) of CCR, 2004. Further, out of the total amount of Rs. 42,82,474/-, credit to the tune of Rs. 15,87,606/- was irregular for the additional reason th....

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....2014 dated 11.07.2014 stipulating the time limit of six months for availing credit which was further extended to one year vide Notification No. 6/2015 dated 01.03.2015. He further submitted that the time limit fixed by the Government was not to deny the CENVAT credit with retrospective fact in respect of the goods received prior to the date of the amendment. He further submitted that in the present case admittedly credit was availed by the appellant during the month of December 2015 on the strength of the Bills of Entry dated 28.05.2013 and 10.06.2013 and the limitation of one year for availing the CENVAT credit as per Rule 4 of CCR is not applicable in the present case because during the impugned period, there was no time restriction to av....

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....4 in November 2014. On going through the Notification No. 6/2015-CE(NT) dt. 01.03.2015, the period available for taking credit is 1 year in terms of the notification, the invoices issued in the month of March and April 2014 become eligible for CENVAT credit. I also observed that the Notification No. 21/14-CE(NT) dt. 11.07.2014 should be applicable to those cases wherein the invoices were issued on or after 11.07.2014 for the reason that notification was not applicable to the invoices issued prior to the date of notification therefore at the time of issuance of the invoices no time limit was prescribed. Therefore, in respect of those invoices, the limitation of six months cannot be made applicable. Moreover, for taking credit there is no sta....