https://www.taxtmi.com/caselaws?id=50970 For purposes of the second proviso to Rule 57T(1) of the Central Excise Rules, a declaration for Modvat credit on capital goods may be treated as filed within time by taking the factory registration date as the relevant reference point where the unit was not yet registered and production had not commenced. Receipt of the capital goods before registration did not defeat credit, because the proviso was read to permit delayed filing within the extended period from receipt and the administrative circular was found consistent with that approach. Modvat credit on the capital goods was therefore allowed, and the Revenue's challenge failed. en-us Tue, 04 Sep 2001 00:00:00 +0530 Mon, 20 Sep 2010 18:37:20 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=50970 For purposes of the second proviso to Rule 57T(1) of the Central Excise Rules, a declaration for Modvat credit on capital goods may be treated as filed within time by taking the factory registration date as the relevant reference point where the unit was not yet registered and production had not commenced. Receipt of the capital goods before registration did not defeat credit, because the proviso was read to permit delayed filing within the extended period from receipt and the administrative circular was found consistent with that approach. Modvat credit on the capital goods was therefore allowed, and the Revenue's challenge failed. Case-Laws Central Excise Tue, 04 Sep 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=50970