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2015 (1) TMI 124 - AT - Central ExciseDenial of refund claim - Bar of limitation - Declaration for availing cevant credit on capital goods was not filed timely - Held that:- In this case it is not disputed the appellant has not filed a declaration. The only reason for denial of credit is that the declaration filed is late and no application for condonation of delay has been filed. By Circular No. 441/7/1999-CX, dated 23-2-1999 it has been clarified by the Board that credit cannot be denied on account of merely procedural lapse. In this case, it is not in dispute that the appellant has not filed proper declaration to avail Cenvat credit and duty has not been paid. In these circumstances, although there is a procedural lapse in non-filing of reasons for causing the delay in filing the declaration, that does not amount to that they are not entitled to take credit. In these circumstances, the appellant is entitled to take credit on these capital goods. Consequently, the reversal of the credit was not required. If at all amount has been reversed, in that case the appellant is entitled to refund claim. - Decided in favour of assesse.
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