2003 (10) TMI 551

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.... Bhatnagar, JDR, for the Respondent.  [Order]. -  The appellants, in this case, are aggrieved by denial of Modvat credit on capital goods by the lower appellate authority for want of declaration under Rule 57T. The appellants had received the capital goods in their factory on 5-3-97 without filing Rule, 57T declaration in respect of those goods. They however, filed such a declarati....

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..... Hence the present appeal of the assessee. 2. Heard both the sides. 3. Ld. Counsel submits that under sub-rule (3) of Rule 57T ibid, the Asstt. Commissioner exercised his discretion and condoned the delay of the declaration by accepting the reasons for the delay as stated in the assessee's letter dated 28-4-1997. The Commissioner (Appeals) had no authority to substitute his own di....

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....te of the fact that the capital goods in question were received and installed under due intimation and used for the manufacture of final products in the appellants' factory. The duty-paid nature of the goods also is not in dispute. The Modvat credit of the duty-paid on the capital goods has been denied to the party by the lower appellate authority on the sole ground that the Rule 57T declaration w....

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....sel's contention that an appellate authority cannot substitute its discretion for that exercised by a lower adjudicating authority has not been successfully contested before me. The Asstt. Commissioner's order of condonation of delay of declaration has to be restored and, consequently, the question whether the assessee is entitled to Modvat credit on the capital goods requires to be dealt with on ....