2008 (2) TMI 711

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.... the department denying capital goods credit to the assessee for various periods prior to 1-3-1997. In adjudication of the first five show-cause notices, the original authority granted partial reliefs to the assessee. In respect of the sixth one, the original authority confirmed the entire demand. In respect of the remaining show-cause notices, full relief was given to the assessee. This factual situation is summarized below :- S. No. SCN No. and date Amount Total duty demanded by original authority 1. OC No. 229/95 dated 22-2-1995 3,48,995.00 1,99,891.00 2. OC No. 854/95 dated 21-7-95 34,124.75 10,397.25 3. OC No. 1898/95 dated 24-1-96 3,68,868.56 46,438.00 4. OC No. 87/96 dated 18-4-96....

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....s, the question to be considered is whether Modvat credits of Rs. 9,27,776/-, Rs. 15,102/- and Rs. 65,838/- were rightly allowed to the respondents. According to the appellant, credit of Rs. 9,27,776/- was not liable to be allowed to the assessee as they had not filed the requisite declaration under Rule 57T. As against this, it is the case of the assessee, reiterated today by their counsel, that a declaration under Rule 57G had actually been filed and that the benefit of Modvat credit cannot be denied on the ground that the declaration was not filed under Rule 57T. After considering these submissions, I have got to reject the plea of the Revenue as it is too late in the day to argue that Modvat/Cenvat credit must be denied for want of decl....