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    <title>2007 (2) TMI 457 - CESTAT, NEW DELHI</title>
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    <description>Transitional Modvat credit on inputs lying in stock could not be denied where the Rule 57H declaration was filed before the credit was actually taken and the substantive eligibility conditions were otherwise undisputed. The Revenue&#039;s objection based on late filing and alleged absence of power to condone delay was rejected because the declaration requirement was treated as satisfied once filed before availing credit. Duty payment on the inputs and the stock particulars were not disputed, so the claim was not barred on a mere delay objection.</description>
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      <link>https://www.taxtmi.com/caselaws?id=121155</link>
      <description>Transitional Modvat credit on inputs lying in stock could not be denied where the Rule 57H declaration was filed before the credit was actually taken and the substantive eligibility conditions were otherwise undisputed. The Revenue&#039;s objection based on late filing and alleged absence of power to condone delay was rejected because the declaration requirement was treated as satisfied once filed before availing credit. Duty payment on the inputs and the stock particulars were not disputed, so the claim was not barred on a mere delay objection.</description>
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