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    <title>2006 (10) TMI 343 - CESTAT, BANGALORE</title>
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    <description>Modvat credit under Rule 57Q of the Central Excise Rules, 1944 could not be denied merely because the capital goods declaration was filed late, where receipt of the goods and substantive eligibility were undisputed. A clerical discrepancy in invoice classification did not defeat credit when the manufacturer&#039;s declaration supported eligibility, and an exclusion based on refrigeration or air-conditioning machinery did not apply where the air compressor was used in fluid dryers for drying drug intermediates. On these facts, the assessee remained entitled to credit on both the machinery and the air compressor, and procedural lapse alone was insufficient to disallow the claim.</description>
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    <pubDate>Wed, 18 Oct 2006 00:00:00 +0530</pubDate>
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      <title>2006 (10) TMI 343 - CESTAT, BANGALORE</title>
      <link>https://www.taxtmi.com/caselaws?id=120435</link>
      <description>Modvat credit under Rule 57Q of the Central Excise Rules, 1944 could not be denied merely because the capital goods declaration was filed late, where receipt of the goods and substantive eligibility were undisputed. A clerical discrepancy in invoice classification did not defeat credit when the manufacturer&#039;s declaration supported eligibility, and an exclusion based on refrigeration or air-conditioning machinery did not apply where the air compressor was used in fluid dryers for drying drug intermediates. On these facts, the assessee remained entitled to credit on both the machinery and the air compressor, and procedural lapse alone was insufficient to disallow the claim.</description>
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      <pubDate>Wed, 18 Oct 2006 00:00:00 +0530</pubDate>
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