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    <title>1999 (11) TMI 457 - CEGAT, MUMBAI</title>
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    <description>Modvat credit could not be denied merely because a fresh Rule 57G declaration was not filed when the department was already on notice through earlier declarations and the same final products continued during the relevant period. The assessee&#039;s Rule 173B declaration referred to availing the benefit of Notification No. 7/97 and claiming Modvat credit after crossing the prescribed turnover limit, and the later intimation confirmed that threshold had been crossed. On those facts, the substantive conditions for credit were satisfied, so a separate fresh declaration was not required. Denial of credit on that hyper-technical ground was unsustainable.</description>
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      <title>1999 (11) TMI 457 - CEGAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=94652</link>
      <description>Modvat credit could not be denied merely because a fresh Rule 57G declaration was not filed when the department was already on notice through earlier declarations and the same final products continued during the relevant period. The assessee&#039;s Rule 173B declaration referred to availing the benefit of Notification No. 7/97 and claiming Modvat credit after crossing the prescribed turnover limit, and the later intimation confirmed that threshold had been crossed. On those facts, the substantive conditions for credit were satisfied, so a separate fresh declaration was not required. Denial of credit on that hyper-technical ground was unsustainable.</description>
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      <pubDate>Tue, 09 Nov 1999 00:00:00 +0530</pubDate>
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