TaxTMI Login
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Just a moment...
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: Whether a registered dealer could avail Modvat credit on the basis of the original invoice when the duplicate copy was lost, and whether the amendment to Rule 57G extending that facility to dealers was retrospective and clarificatory.
Analysis: The duplicate invoice was admittedly lost and the Assistant Commissioner had earlier accepted that fact and permitted credit on the original invoice. Rule 57G was amended by Notification No. 15/98 dated 02.06.1998 to extend the facility of taking credit on the original invoice, in cases of loss of the duplicate, to a person registered for issuance of invoice, and the Tribunal treated this amendment as clarificatory. The reasoning followed the earlier view that similar amendments aimed at ensuring that credit is taken only in respect of duty-paid goods covered by the scheme are retrospective in nature. The Board's circulars also supported allowance of credit on original invoices where the duplicate had been lost.
Conclusion: The dealer was entitled to Modvat credit on the original invoice, the amendment operated retrospectively, and the Revenue's objection was rejected.
Ratio Decidendi: A clarificatory amendment to Rule 57G permitting Modvat credit on the original invoice where the duplicate is lost applies retrospectively and extends to dealers as well as manufacturers.
TaxTMI 
TaxTMI 
