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    <title>2002 (7) TMI 447 - CEGAT, KOLKATA</title>
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    <description>Modvat credit on capital goods was held admissible where the declaration was filed within three months from the actual date of receipt in the factory, not merely the date of entry in the statutory records. The assessee showed that the goods were delivered later because the truck broke down near the factory, and that evidence was accepted for limitation purposes. A minor procedural delay in filing the declaration was treated as non-fatal, consistent with the Larger Bench view that technical lapses should not defeat substantive credit. Credit was therefore not denied, and the delay was treated as condonable on the facts.</description>
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    <pubDate>Fri, 19 Jul 2002 00:00:00 +0530</pubDate>
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      <title>2002 (7) TMI 447 - CEGAT, KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=104256</link>
      <description>Modvat credit on capital goods was held admissible where the declaration was filed within three months from the actual date of receipt in the factory, not merely the date of entry in the statutory records. The assessee showed that the goods were delivered later because the truck broke down near the factory, and that evidence was accepted for limitation purposes. A minor procedural delay in filing the declaration was treated as non-fatal, consistent with the Larger Bench view that technical lapses should not defeat substantive credit. Credit was therefore not denied, and the delay was treated as condonable on the facts.</description>
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      <pubDate>Fri, 19 Jul 2002 00:00:00 +0530</pubDate>
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