https://www.taxtmi.com/caselaws?id=109618 Penalty under Rule 209(1)(bb) of the Central Excise Rules, 1944 was held not to be imposable where capital goods had been received and used in manufacture, the Rule 57T declaration was filed later with a request for condonation of delay, and Modvat credit was taken only after the declaration was filed. The text notes that Rule 57T permitted subsequent filing on sufficient cause being shown, and that the Board's circular stated credit should not be denied merely because the declaration was filed after receipt of the capital goods, so long as it was filed before credit was taken. On that basis, the appeal was allowed. en-us Mon, 04 Aug 2003 00:00:00 +0530 Wed, 11 Apr 2012 10:53:48 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=109618 Penalty under Rule 209(1)(bb) of the Central Excise Rules, 1944 was held not to be imposable where capital goods had been received and used in manufacture, the Rule 57T declaration was filed later with a request for condonation of delay, and Modvat credit was taken only after the declaration was filed. The text notes that Rule 57T permitted subsequent filing on sufficient cause being shown, and that the Board's circular stated credit should not be denied merely because the declaration was filed after receipt of the capital goods, so long as it was filed before credit was taken. On that basis, the appeal was allowed. Case-Laws Central Excise Mon, 04 Aug 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=109618