https://www.taxtmi.com/caselaws?id=84080 Where proforma credit entitlement on disputed inputs was finally determined in favour of the assessee, the credit had to be treated as constructively lying in balance before filing the MODVAT declaration. The departmental objection that no balance existed was rejected because the credit would have been available but for the pending dispute. Accordingly, transitional credit under Rule 57H(3) was available and transfer of the credit to the MODVAT account was permissible. en-us Fri, 20 Jan 1995 00:00:00 +0530 Tue, 19 Jul 2011 16:36:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=84080 Where proforma credit entitlement on disputed inputs was finally determined in favour of the assessee, the credit had to be treated as constructively lying in balance before filing the MODVAT declaration. The departmental objection that no balance existed was rejected because the credit would have been available but for the pending dispute. Accordingly, transitional credit under Rule 57H(3) was available and transfer of the credit to the MODVAT account was permissible. Case-Laws Central Excise Fri, 20 Jan 1995 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=84080