Order Date: 4 November 2022

Key pointers:

• The Appellant, Sanghi Industries Ltd, availed cenvat credit in respect of goods namely steel plates, HR plates, HR coils, MS Bar, MS Beam, MS Joists, GC Sheets, etc as inputs for the period from March, 1995 to September, 2003. 
• The issue is whether the appellant is eligible for such cenvat credit
• The authorities observed that this appeal pertains to the period March 1995 to September 2003, and the adjudicating authority decided the matter solely on the basis of the Larger Bench decision in the case of VANDANA GLOBAL, wherein it was held that the amendment of Notification dated 07.07.2009 has a retrospective effect and accordingly, even for the period prior to such amendment the credit is not admissible. This decision was reversed by the Hon’ble Chhattisgarh High Court reported at 2018 (5) TMI 305 Chhattisgarh High Court.
• The authorities also find that subsequently, the various high courts and tribunals has given decisions in various judgments cited by the learned counsel for the appellant. The entire finding of the adjudicating authority is based on the larger bench decision of VANDANA GLOBAL and subsequently, much water was flown on the issue.
• The authorities were of view that the adjudicating authority needs to give a fresh look at the entire case in light of the various judgments given subsequent to the reversal of the larger bench decision in the case of VANDANA GLOBAL by the Hon’ble High Court of Chhattisgarh.
• The appeal is allowed by way of remand back.