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of <h1>Tribunal upholds Cenvat credit based on rectified invoices despite initial lack of endorsement</h1> <h3>COMMISSIONER OF C. EX. & CUS., SURAT-I Versus PRATIK PROCESSORS</h3> The tribunal upheld the Commissioner (Appeals) decision, allowing Cenvat credit based on rectified endorsements on invoices, despite initial lack of ... Cenvat/Modvat - Documents for availing credit During an excise audit the appellant could not produce duty-paying documents for 108 credit entries (total Rs. 1,73,949). At adjudication 89 invoices were produced and credit of Rs. 1,42,527 was allowed; remaining invoices were disallowed for lack of buyer endorsement. Commissioner (Appeals) found that 19 invoices (including 12 Xerox-attested invoices and 7 invoices initially alleged not to bear buyer endorsement) were 'duly endorsed by the buyers of the goods in favour of the appellant,' and that 'The department has not disputed the receipt of the goods mentioned in the said 19 invoices and its use in the factory.' On Revenue appeal the Tribunal held endorsement by the buyers to be a 'rectifiable omission' and noted there was no dispute that 'goods have been received or inputs have not been used.' Finding no infirmity in the appellate order, the Tribunal rejected the Revenue's appeal and sustained admissibility of Cenvat credit of Rs. 28,966 on those invoices.
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