Modvat credit cannot be denied for lack of a fresh declaration when the input is notified after the original filing.

Rule 57G allowed Modvat credit on the basis of a dated declaration stating the inputs and final product, and an existing declaration that had already been filed and acted upon remained effective. Credit could not be denied merely because the input was notified after the declaration, as no express rule required a fresh declaration immediately on subsequent notification. Rule 57G could not be read as imposing such a procedural restriction, and Rule 57H was unnecessary in these circumstances. The assessee was therefore entitled to Modvat credit on the declared input, and the disallowance was set aside.

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Issues: Whether credit could be denied under Rule 57G merely because the input was notified after the declaration was filed and no fresh declaration was made thereafter.

Analysis: Rule 57G permits credit on the basis of a dated declaration containing the particulars of the inputs and the final product. The declaration had already been filed and acted upon. No provision in the rules required a fresh declaration immediately upon notification of the input, and Rule 57G could not be read as containing such a restriction. Since the credit was claimed pursuant to the declaration filed, the absence of a fresh declaration did not nullify its effect. The invocation of Rule 57H was therefore unnecessary.

Conclusion: Credit could not be denied on the ground that no fresh declaration was filed after the input was notified; the issue was decided in favour of the assessee.

Final Conclusion: The assessee was held entitled to Modvat credit on the declared input, and the disallowance was set aside with consequential relief.

Ratio Decidendi: In the absence of an express rule requiring a fresh declaration upon subsequent notification of an input, credit validly claimed on the basis of an existing declaration cannot be denied on that procedural ground.

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