Modvat credit remains available despite non-authenticated invoices where duty-paid goods were received and procedural defects were curable.

Modvat credit was held admissible on invoices that were not pre-authenticated because the goods were received from registered dealers and their duty-paid character was not in dispute. The absence of authentication was treated as a procedural defect capable of rectification by the supplier, and not as a substantive ground to deny credit. Where the essential conditions for credit were satisfied, the defect in the invoice did not defeat the claim, and the objection was rejected.

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Issues: Whether Modvat credit was admissible on invoices that were not pre-authenticated.

Analysis: The invoices were issued by registered dealers, and it was not disputed that the goods were received or that they were duty paid. The absence of authentication was treated as a defect capable of rectification from the supplier. Following earlier Tribunal decisions, the requirement of authentication was treated as procedural and not as a ground to deny credit where the substantive conditions were satisfied.

Conclusion: Modvat credit was admissible and the objection based on non-authentication of the invoices was rejected.

Ratio Decidendi: A procedural defect in the authentication of invoices does not bar Modvat credit when receipt of duty-paid goods is not in dispute and the defect is capable of cure.

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