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    <title>2007 (6) TMI 101 -  CESTAT, MUMBAI</title>
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    <description>Transitional Cenvat credit on stock lying in the factory could not be denied merely because credit was taken belatedly or because value particulars were not furnished, where the duty-paid nature of the goods and the stock position were undisputed. The omission was treated as a procedural lapse, and the department&#039;s awareness of the stock was relevant in rejecting the objection. On that basis, denial of credit was not justified and recovery and penal provisions were not attracted. The assessee was therefore entitled to the transitional credit.</description>
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      <link>https://www.taxtmi.com/caselaws?id=2266</link>
      <description>Transitional Cenvat credit on stock lying in the factory could not be denied merely because credit was taken belatedly or because value particulars were not furnished, where the duty-paid nature of the goods and the stock position were undisputed. The omission was treated as a procedural lapse, and the department&#039;s awareness of the stock was relevant in rejecting the objection. On that basis, denial of credit was not justified and recovery and penal provisions were not attracted. The assessee was therefore entitled to the transitional credit.</description>
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