1994 (11) TMI 260 - AT - Central Excise

Summary

The Revenue filed a reference application 11 days late regarding a modvat credit issue. The Tribunal condoned the delay and dismissed the reference application, allowing the modvat credit for the respondents based on the revised declaration filed with the Superintendent. Filing a declaration with the Assistant Collector is a statutory requirement, but the revised declaration with the Superintendent was deemed valid. The Tribunal found the denial of modvat credit solely on this ground to be a denial of substantive benefit.