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    <title>2003 (11) TMI 228 - CESTAT, MUMBAI</title>
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    <description>Credit on capital goods taken on lease was held admissible because the restriction in Rule 57R(3)(ii)(b) applied only where the lessor was a financing company. The supplier acted merely as lessor under the lease arrangement and could not be treated as a financing company simply because it financed the purchase of the goods. As the specific procedural condition was inapplicable, denial of credit had no basis. Once the credit was found allowable, the accompanying penalty also could not survive.</description>
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      <description>Credit on capital goods taken on lease was held admissible because the restriction in Rule 57R(3)(ii)(b) applied only where the lessor was a financing company. The supplier acted merely as lessor under the lease arrangement and could not be treated as a financing company simply because it financed the purchase of the goods. As the specific procedural condition was inapplicable, denial of credit had no basis. Once the credit was found allowable, the accompanying penalty also could not survive.</description>
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