https://www.taxtmi.com/caselaws?id=93483 Rule 57H(1), as amended from 5-5-1989, operated as a transitional provision overriding Rule 57G and used two disjunctive categories: inputs lying in stock and inputs received in the factory after filing the declaration. Credit was therefore available for inputs received after the declaration even if they were not lying in stock as such and had been processed or used in manufacture. The omission of clause (ii) did not remove this entitlement, and the earlier contrary view was treated as having overlooked the second alternative in the rule. For the relevant period, transitional Modvat credit remained available on that basis, subject to proof that the inputs were received after the declaration. en-us Fri, 09 Jun 2000 00:00:00 +0530 Fri, 11 Nov 2011 16:56:44 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=93483 Rule 57H(1), as amended from 5-5-1989, operated as a transitional provision overriding Rule 57G and used two disjunctive categories: inputs lying in stock and inputs received in the factory after filing the declaration. Credit was therefore available for inputs received after the declaration even if they were not lying in stock as such and had been processed or used in manufacture. The omission of clause (ii) did not remove this entitlement, and the earlier contrary view was treated as having overlooked the second alternative in the rule. For the relevant period, transitional Modvat credit remained available on that basis, subject to proof that the inputs were received after the declaration. Case-Laws Central Excise Fri, 09 Jun 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=93483