Cenvat credit on debit notes was upheld where the documents contained invoice particulars and supported waiver of pre-deposit.

Debit notes containing the essential particulars of a statutory invoice were treated as valid documents for availment of Cenvat credit, because the document had to be examined by its contents rather than its title. On that basis, and relying on Tribunal precedent supporting such acceptance on the facts, waiver of pre-deposit and stay of recovery were granted in respect of the denial of credit taken on debit notes.

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Issues: Whether the appellant was entitled to waiver of pre-deposit and stay of recovery in respect of the denial of Cenvat credit taken on the strength of debit notes.

Analysis: The debit notes on record were found to contain the essential particulars of a statutory invoice. The document had to be examined by its contents rather than its title, and the cited Tribunal decision supported acceptance of debit notes as proper documents for availment of credit on the facts presented.

Outcome: Waiver of pre-deposit and stay of recovery were granted.

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