https://www.taxtmi.com/caselaws?id=87252 Modvat credit on capital goods was treated as available on receipt of duty-paid goods into an already operational factory, without waiting for actual installation, because the scheme did not expressly impose an installation-based restriction. The Tribunal compared the capital goods provisions with the inputs scheme, where prior use was not a condition for credit utilisation, and relied on the Board circular clarifying that existing factories could utilise such credit immediately on receipt. On that basis, the contrary departmental view was rejected and the discussion notes that the demand and penalty were unsustainable. en-us Tue, 26 Aug 1997 00:00:00 +0530 Sat, 03 Sep 2011 17:06:45 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=87252 Modvat credit on capital goods was treated as available on receipt of duty-paid goods into an already operational factory, without waiting for actual installation, because the scheme did not expressly impose an installation-based restriction. The Tribunal compared the capital goods provisions with the inputs scheme, where prior use was not a condition for credit utilisation, and relied on the Board circular clarifying that existing factories could utilise such credit immediately on receipt. On that basis, the contrary departmental view was rejected and the discussion notes that the demand and penalty were unsustainable. Case-Laws Central Excise Tue, 26 Aug 1997 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=87252