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    <title>2001 (3) TMI 117 - HIGH COURT OF JUDICATURE AT JABALPUR</title>
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    <description>Modvat credit could not be denied on inputs consumed before filing the declaration where the assessee had been pursuing correct classification, had filed the requisite declaration, and was deprived of the credit facility because of departmental inaction and incorrect classification. The later amended transitional provision did not override that entitlement in these circumstances, as the denial was not attributable to any failure by the assessee. The applicable principle is that transitional credit benefit remains available where the assessee has otherwise complied and the only obstacle was an erroneous departmental classification.</description>
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      <description>Modvat credit could not be denied on inputs consumed before filing the declaration where the assessee had been pursuing correct classification, had filed the requisite declaration, and was deprived of the credit facility because of departmental inaction and incorrect classification. The later amended transitional provision did not override that entitlement in these circumstances, as the denial was not attributable to any failure by the assessee. The applicable principle is that transitional credit benefit remains available where the assessee has otherwise complied and the only obstacle was an erroneous departmental classification.</description>
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