Cenvat credit on a lost bill of entry cannot be denied when authenticated substitute documents exist and the correct rule applies.

Credit under the applicable Cenvat regime could not be denied merely because the triplicate copy of the bill of entry was misplaced when the assessee produced a certified photocopy and other supporting documents. The adjudicating authority had relied on the earlier document requirement without applying the rules in force for the relevant period, even though the later regime recognised the bill of entry as an eligible document. The denial was therefore held unsustainable on the existing record and the matter was remanded for fresh consideration under the correct rules.

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Issues: Whether credit could be denied merely because the triplicate copy of the bill of entry was misplaced, when the assessee produced a certified photocopy and other supporting documents, and whether the matter required reconsideration under the applicable credit rules.

Analysis: The available credit rules had undergone changes over time. Under the earlier regime, credit could be taken on the triplicate copy of the bill of entry, while later rules expressly treated the bill of entry as an eligible document. The adjudicating authority had proceeded on the older position without examining the later rules applicable to the relevant period. The record also showed supporting certification and authenticated copies relating to the lost bill of entry. In these circumstances, the denial of credit without applying the correct rules and the supporting material was found to be unsustainable.

Conclusion: The denial of credit was set aside for fresh consideration, and the matter was remanded to the Commissioner (Appeals) for readjudication under the applicable Cenvat credit rules.

Final Conclusion: The assessee obtained a remand for reconsideration of entitlement to credit on the basis of the substituted documentary regime.

Ratio Decidendi: Where the applicable credit rules recognise the bill of entry as an eligible document, denial of credit cannot rest solely on loss of the triplicate copy if the assessee produces authenticated substitute documents and the authority has not applied the correct rule position for the relevant period.

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