Modvat credit may rest on a delivery note if statutory particulars are present and duty-paid inputs are undisputed.

Modvat credit cannot be denied solely because inputs were covered by a delivery note rather than a conventional prescribed invoice, where the document contains all particulars required by the Central Excise Rules and the duty-paid nature of the goods is undisputed. Rule 57G required receipt of inputs under specified documents for credit, while the explanation to Rule 52A treated assessee-generated documents of similar nature as invoices if they satisfied the statutory particulars. On those facts, the delivery note was accepted as a valid basis for availing credit and the Revenue objection failed.

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Issues: Whether credit under the Modvat scheme could be denied on the ground that the delivery note was not a prescribed invoice, despite the delivery note containing all required particulars and the duty-paid nature of the goods not being disputed.

Analysis: Rule 57G of the Central Excise Rules, 1944 required receipt of inputs under cover of documents specified for availing credit, while the explanation to Rule 52A of the Central Excise Rules, 1944 treated assessees' own documents, including documents of similar nature used for sale or removal of excisable goods, as invoices if they contained the particulars required under the Act and the rules. The delivery note was found to contain all the necessary particulars, and the duty-paid character of the inputs used by the assessee was not in dispute. In these circumstances, the document was accepted as a valid basis for credit.

Conclusion: Credit could not be denied merely because the delivery note was not in the conventional prescribed form, since it contained the requisite particulars and the goods were admittedly duty paid. The Revenue's objection failed.

Ratio Decidendi: A delivery note or similar assessee-generated document can support Modvat credit if it contains all statutorily required particulars and the duty-paid nature of the inputs is not disputed.

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