https://www.taxtmi.com/caselaws?id=85949 Delayed filing of a Modvat declaration was condoned because the assessee explained the delay and the applicable circular stated that credit should not be denied merely for post-receipt filing of the declaration. Technical evidence from a Chartered Engineer, left unrebutted, showed that sleeves, mechanical seals, PT-100 sensor and LDPE Black Lay Flat Tubing functioned as spare parts, components, tools or lining material integral to plant and machinery, so they qualified as capital goods under Rule 57Q and were eligible for credit. Penalty was unsustainable because the record did not establish suppression, wilful misstatement, or intent to evade duty. en-us Wed, 09 Oct 1996 00:00:00 +0530 Tue, 09 Aug 2011 11:58:38 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=85949 Delayed filing of a Modvat declaration was condoned because the assessee explained the delay and the applicable circular stated that credit should not be denied merely for post-receipt filing of the declaration. Technical evidence from a Chartered Engineer, left unrebutted, showed that sleeves, mechanical seals, PT-100 sensor and LDPE Black Lay Flat Tubing functioned as spare parts, components, tools or lining material integral to plant and machinery, so they qualified as capital goods under Rule 57Q and were eligible for credit. Penalty was unsustainable because the record did not establish suppression, wilful misstatement, or intent to evade duty. Case-Laws Central Excise Wed, 09 Oct 1996 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=85949