Excise Duty -cenvat credit after 5 years

Kindly rush your considered / valuable opinion.

Thanks.

Cenvat credit rules 2004 does not mention any period till that time we can take credit. So if it happened than you should not worry at all and take credit in full.

Previously CENVAT credit rules 2002 mentions a restriction of 180 days after which you can not take credit. But CENVAT credit rules 2004 does not mention any such restrictions. But maintain proper documentation in case of any query from excise department.

So take full credit of excise as there are such cases when Supreme court has allowed cenvat credit even after 5 years.
 

dear rishi can u name anyone case law???????????????

The Hon'ble tribunal in following cases has already held that cenvet credit can not be denied on the ground of late availment:-

a) Bharat Heavy Electricals V CCE Chennai [2000 (122) E.L.T 256]

b) Steel Authority of India limited V.CCE Raipur [2001 (129) E.L.T 459]

c) Tamilnadu Petro Product limited V. CCE Chennai [2003(160) E.L.T 199]

d) Dishman Pharma & Chem. Ltd. [2007 (210) ELT 124]

e) Coromandel Fertilizers Ltd. [2009 (239) ELT 99]