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    <title>2005 (8) TMI 459 - CESTAT, MUMBAI</title>
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    <description>Capital goods credit taken before installation was examined under the amended Rule 57Q, and the record did not establish that the assessee had availed ineligible credit. The relied-on letter was insufficient to prove that the capital goods were installed only in March 1996, and the amendment introduced by Notification No. 1/96-C.E. (N.T.) was not shown to have been effectively known or enforced before credit was taken in January 1996. As the credit was not shown to be wrongly availed, the foundation for penalty under Rule 173Q also failed, and both denial of credit and penalty were not sustainable.</description>
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    <pubDate>Fri, 26 Aug 2005 00:00:00 +0530</pubDate>
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      <title>2005 (8) TMI 459 - CESTAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=116058</link>
      <description>Capital goods credit taken before installation was examined under the amended Rule 57Q, and the record did not establish that the assessee had availed ineligible credit. The relied-on letter was insufficient to prove that the capital goods were installed only in March 1996, and the amendment introduced by Notification No. 1/96-C.E. (N.T.) was not shown to have been effectively known or enforced before credit was taken in January 1996. As the credit was not shown to be wrongly availed, the foundation for penalty under Rule 173Q also failed, and both denial of credit and penalty were not sustainable.</description>
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      <pubDate>Fri, 26 Aug 2005 00:00:00 +0530</pubDate>
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