Modvat credit cannot be denied for technical invoice defects when duty payment and receipt of goods are established.

Modvat credit under Rule 57G could not be refused solely for a technical defect in the invoice or because the dealer was not registered when the goods were actually received, duty payment was evidenced, and the claim was found genuine. The amended rule required only substantial compliance with prescribed particulars, including duty details, description of goods, assessable value, and the factory or warehouse name and address. On those facts, the credit claim was treated as valid and no substantial question of law arose.

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Issues: Whether Modvat credit under Rule 57G of the Central Excise Rules, 1944 could be denied merely because the invoice was not issued by a registered dealer or did not contain all particulars, where the goods were actually received, duty had been paid, and the claim was found genuine.

Analysis: The claim for Modvat credit was supported by invoices issued by the manufacturer, a certificate showing invoice-wise payment of duty, and a finding that the goods had been supplied to and received by the assessee for use in manufacture. The amended Rule 57G provided that credit was not to be denied merely because a document lacked all particulars, so long as it contained the details of duty payment, description of goods, assessable value, and the name and address of the factory or warehouse. On the Tribunal's factual finding that the credit claim was genuine, the High Court found no basis to interfere.

Conclusion: The assessee was entitled to Modvat credit and no substantial question of law arose.

Ratio Decidendi: Where receipt of goods and payment of duty are established and the prescribed documents substantially satisfy the amended rule, Modvat credit cannot be denied on a mere technical defect in the invoice or on the ground that the dealer was not registered.

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