https://www.taxtmi.com/caselaws?id=85893 Pre-deposit of duty was dispensed with pending appeal where Modvat credit on capital goods had been taken on receipt of the goods but utilised before installation. Rule 57Q was read as allowing credit on receipt in the factory while restricting utilisation until the goods were put to use, and the later notification was treated as prima facie clarificatory. The Modvat scheme's anti-cascading purpose supported the view that credit for capital goods of enduring life became available only on installation and use. As the machinery had since been installed and the credit had become available, the balance of convenience favoured waiver of pre-deposit. en-us Wed, 12 Jun 1996 00:00:00 +0530 Mon, 08 Aug 2011 17:29:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=85893 Pre-deposit of duty was dispensed with pending appeal where Modvat credit on capital goods had been taken on receipt of the goods but utilised before installation. Rule 57Q was read as allowing credit on receipt in the factory while restricting utilisation until the goods were put to use, and the later notification was treated as prima facie clarificatory. The Modvat scheme's anti-cascading purpose supported the view that credit for capital goods of enduring life became available only on installation and use. As the machinery had since been installed and the credit had become available, the balance of convenience favoured waiver of pre-deposit. Case-Laws Central Excise Wed, 12 Jun 1996 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=85893