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Issues: Whether MODVAT credit on metal containers was admissible when no declaration had been filed covering that input under the MODVAT scheme.
Analysis: The declaration filed by the manufacturer did not include metal containers as an input. The Tribunal held that, on the scope of Rule 57-G(2), a manufacturer who has not filed the requisite declaration in respect of the inputs concerned is not entitled to take credit of duty paid thereon. The contention that the omission was only a condonable irregularity was rejected.
Conclusion: MODVAT credit on metal containers was held to be inadmissible, and the issue was decided against the assessee.