2003 (10) TMI 551

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....  [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 declaration with the jurisdictional Asstt. Commiss....

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....e. 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 discretion for that of the lower authority. The....

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....ere 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 was belated and there was no valid ground for condon....