https://www.taxtmi.com/caselaws?id=78905 For imported metal scrap cleared from port custody, the period for availing MODVAT credit runs from the date of clearance and receipt in the factory, not merely from the date customs duty was assessed or paid at the port. Credit taken within six months of such clearance and receipt was therefore within time. Where the assessee was not responsible for the delayed physical receipt and no prejudice was caused to Revenue, denial of credit on limitation grounds was not justified. en-us Mon, 01 Feb 2010 00:00:00 +0530 Fri, 24 Dec 2010 19:26:13 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=78905 For imported metal scrap cleared from port custody, the period for availing MODVAT credit runs from the date of clearance and receipt in the factory, not merely from the date customs duty was assessed or paid at the port. Credit taken within six months of such clearance and receipt was therefore within time. Where the assessee was not responsible for the delayed physical receipt and no prejudice was caused to Revenue, denial of credit on limitation grounds was not justified. Case-Laws Central Excise Mon, 01 Feb 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=78905