Modvat credit cannot be denied for minor invoice defects where duty-paid particulars and assessable value are otherwise shown.

Modvat credit cannot be denied merely because invoices omit time and issue particulars if they otherwise record the assessable value and duty-paid details needed to establish eligibility. Where the essential particulars showing duty payment are present, the omission is a procedural defect that does not affect the substance of the credit claim. The Tribunal was justified in treating the defect as inconsequential and in restoring the credit.

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Issues: Whether Modvat credit could be denied merely because the invoices did not mention the time and issue particulars, when the invoices otherwise contained the assessable value and duty-paid particulars required for availing credit.

Analysis: The invoices for the relevant consignments showed the assessable value after trade discount and also reflected duty payment. The remaining omission, namely, the absence of the time and issue particulars, did not affect the substance of the entitlement to credit when the other necessary particulars were available. The Tribunal was therefore justified in treating the omission as inconsequential and in restoring the credit.

Conclusion: The omission was not fatal to the claim for Modvat credit, and the credit was rightly allowed.

Ratio Decidendi: A procedural deficiency in an invoice does not justify denial of Modvat credit where the invoice otherwise contains the essential particulars establishing duty payment and eligibility.

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