2004 (1) TMI 597

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..... In these two appeals which have been filed by the appellants, the issue relates to availability of Modvat credit to them on the capital goods and inputs in dispute. 2. I have heard both the sides. The Modvat credit on the capital goods (NDT equipment) has been disallowed to the appellants for having failed to file declaration within the specified time in terms of Rule 57Q. I find that the .....

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..... eral declaration and for that reason, credit has been disallowed to them. No specific use of these inputs had been declared and proved by them even much less the filing of any specific declaration. Therefore, in my view, credit has been rightly denied to them. The ratio of law laid down in UP State Sugar Corporation Ltd. v. CCE, Allahabad, 2001 (137) E.L.T. 1029 referred by the Counsel is not attr .....

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