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    <title>1989 (5) TMI 233 - CEGAT, MADRAS</title>
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    <description>MODVAT credit was available where duty-paid inputs were received after the declaration had been filed, because the operative rule was satisfied on the admitted facts of post-declaration receipt and supporting gate passes. The Department could not unsettle an earlier quasi-judicial finding in favour of the assessee through independent parallel proceedings; any challenge had to proceed through the statutory review mechanism. On that basis, the disallowance, credit reversal, and penalty were not sustainable, and the assessee&#039;s entitlement to credit was upheld.</description>
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    <pubDate>Mon, 22 May 1989 00:00:00 +0530</pubDate>
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      <title>1989 (5) TMI 233 - CEGAT, MADRAS</title>
      <link>https://www.taxtmi.com/caselaws?id=80227</link>
      <description>MODVAT credit was available where duty-paid inputs were received after the declaration had been filed, because the operative rule was satisfied on the admitted facts of post-declaration receipt and supporting gate passes. The Department could not unsettle an earlier quasi-judicial finding in favour of the assessee through independent parallel proceedings; any challenge had to proceed through the statutory review mechanism. On that basis, the disallowance, credit reversal, and penalty were not sustainable, and the assessee&#039;s entitlement to credit was upheld.</description>
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      <pubDate>Mon, 22 May 1989 00:00:00 +0530</pubDate>
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