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    <title>2000 (1) TMI 479 - CEGAT, CALCUTTA</title>
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    <description>Ambiguity in the Modvat provisions was resolved in favour of the assessee where an intending manufacturer had filed the declaration after registration but before availing credit with the required acknowledgement. Credit on capital goods was held allowable despite the factory being under erection when the goods were received, and the procedural delay in relation to the electrical hoist was treated as insufficient to defeat credit. A same-day declaration and credit entry was also held unobjectionable because the rule required a filed and acknowledged declaration before credit, not a further interval for departmental verification. The assessee was therefore entitled to Modvat credit with consequential relief.</description>
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      <title>2000 (1) TMI 479 - CEGAT, CALCUTTA</title>
      <link>https://www.taxtmi.com/caselaws?id=94830</link>
      <description>Ambiguity in the Modvat provisions was resolved in favour of the assessee where an intending manufacturer had filed the declaration after registration but before availing credit with the required acknowledgement. Credit on capital goods was held allowable despite the factory being under erection when the goods were received, and the procedural delay in relation to the electrical hoist was treated as insufficient to defeat credit. A same-day declaration and credit entry was also held unobjectionable because the rule required a filed and acknowledged declaration before credit, not a further interval for departmental verification. The assessee was therefore entitled to Modvat credit with consequential relief.</description>
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