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    <title>2015 (7) TMI 1172 - CESTAT NEW DELHI</title>
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    <description>A procedural lapse in not filing the prescribed declaration could not, by itself, defeat Modvat credit where receipt and use of the goods were undisputed and the substantive conditions for credit were otherwise satisfied; credit was therefore allowed on that ground. A denial of credit on the footing that the goods were not capital goods required a reasoned finding, and in the absence of such a finding the matter was remanded for fresh consideration. The penalty did not survive.</description>
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      <link>https://www.taxtmi.com/caselaws?id=188727</link>
      <description>A procedural lapse in not filing the prescribed declaration could not, by itself, defeat Modvat credit where receipt and use of the goods were undisputed and the substantive conditions for credit were otherwise satisfied; credit was therefore allowed on that ground. A denial of credit on the footing that the goods were not capital goods required a reasoned finding, and in the absence of such a finding the matter was remanded for fresh consideration. The penalty did not survive.</description>
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