Modvat credit cannot be denied for minor invoice defects when later documents supply the required particulars and duty has been paid.

Modvat credit could not be denied merely because invoices omitted the assessable value where the missing particulars were later supplied through additional documents. The invoices were treated as defective only in a technical sense, because receipt of the inputs and their use in manufacture were not in dispute. The later documents satisfied the particulars required under Notification No. 33/94-C.E. (N.T.), and minor procedural lapses were not a valid basis to refuse credit after the amendment of Rule 57G. The Board's circular likewise supported allowance of credit where duty had been suffered and the inputs were intended for manufacture.

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Issues: Whether Modvat credit could be denied merely because the invoices did not show the assessable value of the goods, when the missing particulars were later supplied through additional documents and the procedural lapse was minor.

Analysis: The invoices were found to be defective only in a technical sense, as there was no dispute regarding receipt of the inputs or their use in manufacture. The additional documents subsequently furnished contained the particulars required under Notification No. 33/94-C.E. (N.T.) dated 04-07-1994, and the Revenue did not successfully rebut that factual finding. After the amendment of Rule 57G, Modvat credit was not to be denied for minor defects in duty-paying documents. The Board's circular also recognized that credit could be allowed despite minor procedural lapses, so long as duty had been suffered and the inputs were intended for use in manufacture.

Conclusion: Modvat credit could not be disallowed on the stated ground, and the denial of credit was not justified.

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