2001 (12) TMI 587

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..... fter dispensing with the condition of pre-deposit of duty amount of Rs. 40,782/- (rupees forty thousand seven hundred eighty two) confirmed by the authorities below by rejecting the Modvat credit in respect of nuts, bolts and screws, I take up the appeal itself with the consent of both the sides. 2. There is no dispute by the authorities below that such nuts, bolts and spares used by the appella .....

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..... e been used. He submits that such records were produced before the original adjudicating authority, who has failed to look into the same, but rejected the benefit of credit on the preliminary ground of non-declaration of final product in Rule 57T declaration. 3. I have also heard Shri A.K. Mondal, ld. JDR for the Revenue which emphasizes that Rule 57T is very clear requiring the assessee to decl .....

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..... ts. The purpose of filing of declaration under Rule 57T is to ensure the use of the capital goods in the proper manner. In case of practical difficulties, such purpose can be achieved by proper maintenance of records and by due intimations to the Revenue to that effect. In the present case at the time of receipt of general purpose nuts and bolts, appellants would not be aware of the fact that as t .....

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