MODVAT credit on endorsed gate passes issued before 1.4.1994 was upheld as valid documentary compliance.

Gate passes issued before 1.4.1994 and endorsed on or before 30 June 1994 were treated as valid duty-paying documents for MODVAT credit under Notification No. 16/94-CE (NT) and Rule 57-G, as the issue was covered by an earlier decision on the same question. On that basis, the endorsed gate passes satisfied the documentary requirement and the assessee was entitled to take MODVAT credit.

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Issues: Whether gate passes issued before 1.4.1994 and endorsed on or before 30 June 1994 were eligible duty paying documents for taking MODVAT credit under Notification No. 16/94-CE (NT) and Rule 57-G of the Central Excise Rules.

Analysis: The issue was treated as covered by an earlier decision involving the same question. On that basis, the Court held that where gate passes were issued before 1.4.1994 and endorsed on or before 30 June 1994, the documents satisfied the requirement for MODVAT credit under the notification and the scheme.

Conclusion: The question was answered in the affirmative and the assessee was entitled to take MODVAT credit on the endorsed gate passes.

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