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2015 (1) TMI 173 - CESTAT BANGALOREDenial of CENVAT Credit - advance declaration for prior permission to avail credit - procedure contravention in the form of not filing declaration under Rule 57 - Held that:- Rule 57Q did not require any declaration during the relevant period - As regards Rule 57T, no doubt, this rule provides for declaration before receipt of capital goods but in view of the decision of Hon’ble High Court of Madras cited supra covering the issue, it is felt that as held by Hon’ble High Court, it has to be treated as procedural lapse. Moreover, the credit can be taken immediately, it is not mean that credit cannot be taken at later date at all. Once the admissibility of credit is not denied and utilization of capital goods for the purpose for which they received is accepted and it has been held by Hon’ble High Court [2007 (11) TMI 188 - HIGH COURT MADRAS] that this has to be treated as procedural lapse, following the judicial precedence and discipline, I am inclined to allow the credit in this case. - Decided in favour of assessee.
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