2020 (3) TMI 259

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....epartment. In the course of audit of the books, it was noticed by the Revenue that during the period October, 2014 to March, 2015 appellant have availed cenvat credit of Rs. 10,19,019/- including cess with regard to some invoices which was of more than six months / one year from the date of issue of the invoices/ bills/ challans. Such credit appeared to be inadmissible in view of amendment in the Cenvat Credit Rules vide Notification No. 21/2014-CE (NT) dated 11.07.2014 w.e.f. 01.09.2014 wherein the second proviso was added in Rule 4(1) of the Cenvat Credit Rules, 2004, which is as follows:- "Provided also that the manufacturer or the provider of output service shall not take cenvat credit after six months of the date of issue of a....

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....tentions, I find that the question of law before the Hon'ble High Court was as follows:- "(i) Whether right (to the credit under the Modvat Scheme as it stood on 29.06.1965) 'accrued to an assessee on the date when they paid the tax on the raw materials or inputs', as held by Hon'ble Supreme court in para 6 of Eicher Motors Limited v. UOI -1999 (106) ELT 3 (S.C.) and that such right gets crystallized in his favour 'instantaneously once the input is received in the factory on the basis of the existing scheme'? (ii) Whether act of making such receipt of the inputs in Part-I of the single comprehensive RG-23A account, evidences such crystallization of the right to Modvat credit in favour of assessee and thus amounts to 'takin....