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    <title>2018 (12) TMI 771 - CESTAT KOLKATA</title>
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    <description>Modvat credit cannot be denied solely because gate passes were not endorsed in favour of the assessee at the time of receipt of inputs, where the inputs were duty-paid, received in the factory, used in manufacture of dutiable final products, and properly reflected in statutory records. The absence of prior endorsement is a procedural defect, not a substantive bar to credit, and later endorsement can cure that defect. Departmental circulars or instructions cannot override the statutory entitlement where the essential conditions for credit are satisfied. The order allowing Modvat credit was therefore sustained.</description>
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    <pubDate>Thu, 19 Apr 2018 00:00:00 +0530</pubDate>
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      <title>2018 (12) TMI 771 - CESTAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=372002</link>
      <description>Modvat credit cannot be denied solely because gate passes were not endorsed in favour of the assessee at the time of receipt of inputs, where the inputs were duty-paid, received in the factory, used in manufacture of dutiable final products, and properly reflected in statutory records. The absence of prior endorsement is a procedural defect, not a substantive bar to credit, and later endorsement can cure that defect. Departmental circulars or instructions cannot override the statutory entitlement where the essential conditions for credit are satisfied. The order allowing Modvat credit was therefore sustained.</description>
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      <pubDate>Thu, 19 Apr 2018 00:00:00 +0530</pubDate>
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