Modvat credit allowed where supporting certificates and depot invoices cured missing originating invoice details in dealer invoices.

Modvat credit on iron and steel inputs procured through SAIL depots and dealers registered under Rule 57GG could not be denied merely because the dealer invoices initially omitted particulars of the originating duty-paying invoices. Supporting certificates and SAIL depot invoices were produced, the missing particulars were later furnished, and the record contained no adequate basis for rejecting that evidence. On that footing, the requirements of Notification No. 15/94-C.E. (N.T.) dated 30-3-94 were treated as satisfied, and denial of credit was held to be unjustified.

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Issues: Whether Modvat credit could be denied on the ground that the dealer invoices did not contain particulars of the originating invoices, despite supporting certificates and depot invoices being produced.

Analysis: The credit was taken on iron and steel inputs received through SAIL depots and dealers registered under Rule 57GG of the Central Excise Rules, 1944. The denial rested on the absence of particulars of the original duty-paying invoices in the dealer invoices. The order noted that particulars were later furnished and that SAIL depot invoices accompanied the transactions. In the circumstances, the supporting certificates and depot invoices were sufficient for the purpose of Notification No. 15/94-C.E. (N.T.) dated 30-3-94, and there was no adequate basis recorded for rejecting them.

Conclusion: Denial of Modvat credit was not justified.

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