https://www.taxtmi.com/caselaws?id=173079 Constructive receipt of duty-paid inputs was sufficient for Modvat or deemed Modvat credit on steel angles, and credit could not be denied merely because the goods were not physically unloaded in the factory or because procedural conditions in the notification were not strictly followed. The procedural requirements were treated as directory, so substantive credit entitlement prevailed. The demand and penalty also failed because the show cause notice was issued after Modvat provisions had been substituted by Cenvat provisions, and the saving clause did not preserve the proceedings in the manner attempted. The extended limitation period was unavailable because the alleged lapse was only procedural and did not amount to suppression with intent to evade duty. en-us Fri, 27 Aug 2004 00:00:00 +0530 Sat, 08 Jun 2024 11:07:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=173079 Constructive receipt of duty-paid inputs was sufficient for Modvat or deemed Modvat credit on steel angles, and credit could not be denied merely because the goods were not physically unloaded in the factory or because procedural conditions in the notification were not strictly followed. The procedural requirements were treated as directory, so substantive credit entitlement prevailed. The demand and penalty also failed because the show cause notice was issued after Modvat provisions had been substituted by Cenvat provisions, and the saving clause did not preserve the proceedings in the manner attempted. The extended limitation period was unavailable because the alleged lapse was only procedural and did not amount to suppression with intent to evade duty. Case-Laws Central Excise Fri, 27 Aug 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=173079