Plain wording of fiscal circulars governs Modvat credit endorsements; added restrictions cannot cut down express coverage.

A fiscal circular must be read according to its plain wording, and its benefit cannot be narrowed by adding a restriction not found in the text. The circular here permitted one endorsement of subsidiary gate passes and specified certificates for availing Modvat credit, provided the goods covered were sent onward. On that wording, the permission was not limited to subsidiary gate passes or to endorsements by canalising agencies alone. The certificate issued by the Range Superintendent therefore fell within the circular, and the private endorsement in favour of the assessee was permissible.

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Issues: Whether the Board circular permitting endorsement of subsidiary gate passes and certificates issued by the specified authorities extended to a certificate issued by the Range Superintendent and endorsed by a private party for availing Modvat credit.

Analysis: The circular referred to both subsidiary gate passes and certificates issued by the agencies mentioned in it, and stated that such documents may be permitted to be endorsed once for availing Modvat credit, provided the entire material covered by the document is sent to another person. On the wording of the circular, the permission was not confined only to subsidiary gate passes, nor was it limited to endorsements by canalising agencies alone. The restrictive view taken below read words into the circular that were not there, and therefore misdirected the entitlement under the circular.

Conclusion: The circular covered the certificate in question and the endorsement made in favour of the assessee was permissible. The issue is decided in favour of the assessee.

Ratio Decidendi: A fiscal circular must be applied according to its plain wording, and where it expressly covers both subsidiary gate passes and certificates, the benefit cannot be curtailed by adding a restriction not found in the text.

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