https://www.taxtmi.com/caselaws?id=177638 MODVAT credit could not be denied merely for procedural non-compliance with declaration and intimation requirements under Rule 57T where substantial compliance was shown and the jurisdictional authority was satisfied about duty payment and intended use. The amended rule and the Board circular were applied to hold that defects in form or pending procedural objections could not defeat credit. Credit was also upheld on the capital goods issue because eligibility depends on the statutory use-based test in the factory for manufacture of final products, not on a rigid formal objection that the items were not capital goods per se. The impugned order confirming duty and penalty was set aside. en-us Wed, 13 Aug 2014 00:00:00 +0530 Thu, 14 Jan 2016 12:00:51 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=177638 MODVAT credit could not be denied merely for procedural non-compliance with declaration and intimation requirements under Rule 57T where substantial compliance was shown and the jurisdictional authority was satisfied about duty payment and intended use. The amended rule and the Board circular were applied to hold that defects in form or pending procedural objections could not defeat credit. Credit was also upheld on the capital goods issue because eligibility depends on the statutory use-based test in the factory for manufacture of final products, not on a rigid formal objection that the items were not capital goods per se. The impugned order confirming duty and penalty was set aside. Case-Laws Central Excise Wed, 13 Aug 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=177638