2003 (12) TMI 561

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..... [Order]. - Heard both sides. 2. Modvat credit has been denied to the appellants on the ground that the claim has been made for credit of duty paid on capital goods, however, no corresponding declaration under Rule 57T(1) or 57T(2) has been made nor any request for condonation of making such declaration has been submitted. The appellants disputed this by claiming that the declarations wer .....

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..... the declarations, the capital goods have been correctly described, though the declaration in question has been filed in terms of Rule 57A, instead of the correct Rule 57Q. This error does not appear to be as grave to deny the substantial Modvat credit, especially when no other dispute regarding the duty paid nature and the use of the capital goods in the factory has been raised. 5. It is al .....

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