https://www.taxtmi.com/caselaws?id=114458 Modvat credit was admissible where capital goods were removed for repair after prior intimation to the department, sent abroad, and re-imported after repair. Rule 57-S(7) allowed removal of capital goods for test, repair or re-conditioning on intimation and acknowledgement, subject to return to the same factory, and the record showed substantial compliance with that procedure. Because the same goods were exported for repair and re-imported, credit could not be denied merely on the ground that the original invoice was not a fresh duty-paying document for their return. The disallowance of credit and the related penalty were therefore not sustainable. en-us Wed, 19 May 2004 00:00:00 +0530 Tue, 15 May 2012 17:50:45 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=114458 Modvat credit was admissible where capital goods were removed for repair after prior intimation to the department, sent abroad, and re-imported after repair. Rule 57-S(7) allowed removal of capital goods for test, repair or re-conditioning on intimation and acknowledgement, subject to return to the same factory, and the record showed substantial compliance with that procedure. Because the same goods were exported for repair and re-imported, credit could not be denied merely on the ground that the original invoice was not a fresh duty-paying document for their return. The disallowance of credit and the related penalty were therefore not sustainable. Case-Laws Central Excise Wed, 19 May 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=114458