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    <title>2005 (2) TMI 737 - CESTAT, NEW DELHI</title>
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    <description>Cenvat credit on imported capital goods diverted to the appellant&#039;s unit was considered admissible where the reverse of the Bill of Entry contained a declaration showing the clear purpose of diversion, even though the form of the declaration was questioned for non-compliance with the Board&#039;s circular. The substance of the declaration was treated as more important than its form, provided it satisfied Circular No. 179/13/1996-C.X. dated 29-2-1996. Because a customs officer&#039;s signature also appeared below the declaration, the authorities were required to examine properly whether the customs endorsement requirement had been fulfilled. The denial of credit was therefore not sustained at that stage, and reconsideration on endorsement was warranted.</description>
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    <pubDate>Mon, 28 Feb 2005 00:00:00 +0530</pubDate>
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      <title>2005 (2) TMI 737 - CESTAT, NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=116149</link>
      <description>Cenvat credit on imported capital goods diverted to the appellant&#039;s unit was considered admissible where the reverse of the Bill of Entry contained a declaration showing the clear purpose of diversion, even though the form of the declaration was questioned for non-compliance with the Board&#039;s circular. The substance of the declaration was treated as more important than its form, provided it satisfied Circular No. 179/13/1996-C.X. dated 29-2-1996. Because a customs officer&#039;s signature also appeared below the declaration, the authorities were required to examine properly whether the customs endorsement requirement had been fulfilled. The denial of credit was therefore not sustained at that stage, and reconsideration on endorsement was warranted.</description>
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      <pubDate>Mon, 28 Feb 2005 00:00:00 +0530</pubDate>
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