https://www.taxtmi.com/caselaws?id=114398 Modvat credit under Rule 57Q was confined to eligible capital goods actually received and used in the factory. Credit on the diesel engine was denied because the goods covered by the invoices were never received, so the duty paid on those clearances could not support credit. Credit on the reconstructed diesel engine was also denied because the duty had already been reimbursed by the insurance company on an undertaking that no Modvat credit would be claimed; allowing credit would create double benefit and unjust enrichment. The note therefore states that credit is unavailable where statutory conditions are unmet or the same duty has already been recovered from a third party. en-us Thu, 26 Aug 2004 00:00:00 +0530 Tue, 15 May 2012 13:15:15 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=114398 Modvat credit under Rule 57Q was confined to eligible capital goods actually received and used in the factory. Credit on the diesel engine was denied because the goods covered by the invoices were never received, so the duty paid on those clearances could not support credit. Credit on the reconstructed diesel engine was also denied because the duty had already been reimbursed by the insurance company on an undertaking that no Modvat credit would be claimed; allowing credit would create double benefit and unjust enrichment. The note therefore states that credit is unavailable where statutory conditions are unmet or the same duty has already been recovered from a third party. Case-Laws Central Excise Thu, 26 Aug 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=114398