Post-clearance compliance of stipulations precludes denial of entitlement which is otherwise available

Alfa Laval (India) Limited Vs Commissioner of Central Excise (CESTAT Mumbai) CESTAT Mumbai held that demand to be unsustainable as even though belatedly the appellant has availed option provided under rule 6 and reversed the relevant cenvat credit along with interest. Concluded that even post-clearance compliance of stipulations precluded denial of an entitlement available otherwise. Facts- The appellant is a manufacturer of ‘equipment for heating, cooling and separation’ and, having procured certain ‘taxable services’ during 2011-12, proceeded to take credit of tax in the invoices as ...