Serially numbered invoices under Rule 11(2) need not be printed, supporting waiver of pre-deposit and stay of recovery.

Rule 11(2) requires invoices to be serially numbered and to contain prescribed particulars; it does not require the invoice numbers to be printed. On that basis, a demand founded only on the absence of printed serial numbers did not establish a strong prima facie case against the assessee at the interim stage. The Tribunal therefore granted waiver of pre-deposit and stayed recovery pending disposal of the appeal.

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Issues: Whether the appellant was entitled to waiver of pre-deposit and stay of recovery in respect of the duty and penalty demand on the ground that the invoices were not printed but were serially numbered.

Analysis: The requirement under Rule 11(2) was that the invoice be serially numbered and contain the prescribed particulars. The rule did not stipulate that the invoices must be printed. The Tribunal also noted the view that there was no requirement under the rule that the invoice number should be printed on the invoices, and therefore the demand founded only on the absence of printed serial numbers did not show a strong case against the appellant at the interim stage.

Conclusion: The appellant was entitled to waiver of pre-deposit and stay of recovery pending disposal of the appeal.

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