https://www.taxtmi.com/caselaws?id=52543 Modvat credit on a grinding machine claimed as capital goods for research and development use was held inadmissible because eligibility had to be assessed at the time the machine was received. On the facts found, the machine was used only as a prototype for research and development when credit was taken, and it was not then employed in manufacturing the assessee's dutiable final products. A later assertion that the machine was subsequently installed for manufacture of other dutiable goods did not cure the defect or revive the claim, especially where no satisfactory explanation was given for its earlier non-production before the lower authority. The denial of Modvat credit was therefore upheld. en-us Mon, 29 Sep 2003 00:00:00 +0530 Wed, 06 Oct 2010 13:58:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=52543 Modvat credit on a grinding machine claimed as capital goods for research and development use was held inadmissible because eligibility had to be assessed at the time the machine was received. On the facts found, the machine was used only as a prototype for research and development when credit was taken, and it was not then employed in manufacturing the assessee's dutiable final products. A later assertion that the machine was subsequently installed for manufacture of other dutiable goods did not cure the defect or revive the claim, especially where no satisfactory explanation was given for its earlier non-production before the lower authority. The denial of Modvat credit was therefore upheld. Case-Laws Central Excise Mon, 29 Sep 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=52543