2005 (12) TMI 487

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..... rd Shri K.K. Banerjee, ld. Advocate for the appellants. He submits that in this case the Modvat credit on the capital goods have been denied as the declaration was filed late by the appellants. He submits that the Tribunal has held it consistently that if the declaration was not filed in time, the Modvat credit should not be denied. In support of his contention, he relies on the following decision .....

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..... ind that the Notification and the Board s Circular referred to above are binding on the lower authority. The case has been adjudicated by them much latter after the issue of the Notification and Circular referred to above. In view of the above, I find that the matter is required to be re-examined by the lower authority. I remand the matter to the lower authority with direction that the case may be .....

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