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    <title>2004 (8) TMI 261 - CESTAT, MUMBAI</title>
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    <description>Modvat credit on capital goods received before an amendment but installed after it was treated as governed by the legal position prevailing on the date of installation, not the date of receipt. Credit on the generator was available in principle, but its availment was deferred until installation, and the transitional provision under Rule 57AG permitted credit under the regime then in force. Authorities concerning inputs were distinguished because those items were not eligible when received. On that basis, the restriction tying credit to the earlier regime was rejected and credit was allowed under the later regime applicable at installation.</description>
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      <link>https://www.taxtmi.com/caselaws?id=53410</link>
      <description>Modvat credit on capital goods received before an amendment but installed after it was treated as governed by the legal position prevailing on the date of installation, not the date of receipt. Credit on the generator was available in principle, but its availment was deferred until installation, and the transitional provision under Rule 57AG permitted credit under the regime then in force. Authorities concerning inputs were distinguished because those items were not eligible when received. On that basis, the restriction tying credit to the earlier regime was rejected and credit was allowed under the later regime applicable at installation.</description>
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