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    <title>2009 (10) TMI 307 - ALLAHABAD HIGH COURT</title>
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    <description>Rule 57G(5) of the Central Excise Rules, 1944 was applied strictly to bar Modvat credit claimed after six months from the date of the duty-paying documents. The provision was treated as a time restriction admitting no exception for a later claim of balance or differential credit, even where part credit had already been taken within time. The limitation was viewed as procedural but final, and equitable considerations could not override the fiscal rule. The later authoritative ruling on the same rule was preferred over the assessee&#039;s earlier relied-upon decision. The differential Modvat credit was therefore not available.</description>
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    <pubDate>Thu, 15 Oct 2009 00:00:00 +0530</pubDate>
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      <title>2009 (10) TMI 307 - ALLAHABAD HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=76504</link>
      <description>Rule 57G(5) of the Central Excise Rules, 1944 was applied strictly to bar Modvat credit claimed after six months from the date of the duty-paying documents. The provision was treated as a time restriction admitting no exception for a later claim of balance or differential credit, even where part credit had already been taken within time. The limitation was viewed as procedural but final, and equitable considerations could not override the fiscal rule. The later authoritative ruling on the same rule was preferred over the assessee&#039;s earlier relied-upon decision. The differential Modvat credit was therefore not available.</description>
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      <pubDate>Thu, 15 Oct 2009 00:00:00 +0530</pubDate>
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