https://www.taxtmi.com/caselaws?id=113371 Modvat credit on capital goods acquired under lease or hire purchase cannot be denied merely because of that financing structure where the agreement shows responsibility for duty-related payments. The adjudication cannot enlarge the grounds in the show cause notice or supply a new basis for denial not clearly alleged there. On the stated facts, the notice failed to specify the precise breach of Rule 57R and Notification No. 27/94-C.E. (N.T.), and the objection that the financing company had not proved duty payment was unsustainable where the agreement indicated liability for excise duty payment. The impugned denial was therefore set aside, with consequential relief available according to law. en-us Tue, 24 Feb 2004 00:00:00 +0530 Sat, 05 May 2012 10:29:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=113371 Modvat credit on capital goods acquired under lease or hire purchase cannot be denied merely because of that financing structure where the agreement shows responsibility for duty-related payments. The adjudication cannot enlarge the grounds in the show cause notice or supply a new basis for denial not clearly alleged there. On the stated facts, the notice failed to specify the precise breach of Rule 57R and Notification No. 27/94-C.E. (N.T.), and the objection that the financing company had not proved duty payment was unsustainable where the agreement indicated liability for excise duty payment. The impugned denial was therefore set aside, with consequential relief available according to law. Case-Laws Central Excise Tue, 24 Feb 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=113371