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2013 (10) TMI 171 - HC - Central ExciseAdmissibility of MODVAT Credit - Whether the Modvat credit is admissible without filing the declaration before receipt goods as statutorily requirement under the erstwhile Rule 57T – Held that:- Following Commissioner, Central Excise, Allahabad v. M/s. Hindalco Industries Ltd. [2012 (4) TMI 254 - ALLAHABAD HIGH COURT] - This Court after referring to Rule 57G and amendment made by Notification No. 7/99 dated 9th February, 1999 had held that the benefit of notification dated 9th February, 1999 would be available to all pending cases - The decision related to Rule 57G of the Rules but in our considered opinion the principle laid down in the aforesaid case squarely applies to the provisions of Rule 57T also as the amendment made by Notification dated 9th February, 1999 was in similar words. MODVAT Credit on Capital Goods - Whether Modvat credit is admissible on the capital goods falling under S.H. 7219.20 which are not recovered under the definition of capital goods - Held that:- he Tribunal had not committed any legal infirmity in allowing Modvat credit in respect of stainless steel plates, stainless steel aisis - So far as the question of Modvat credit in respect of CI coils/Plates of stainless steel was concerned we may mention here that the Tribunal had remitted the same to the Adjudicating Authority to decide as to whether they were integral part of plant and machinery or not - The Tribunal had not given any definite finding nor it had held that the Modvat credit was admissible – the question does not call for any adjudication.
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