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Issues: Whether Modvat credit under Rule 57H could be denied on the ground that the assessee did not produce the original duty-paying documents, despite the assessee's claim that the relevant GP-1s and particulars had been furnished and the duty payment on intermediate products was not disputed.
Analysis: The dispute arose after remand, and the Tribunal was bound by the earlier direction to examine whether the claim for Modvat credit had been substantiated. The Revenue did not dispute that the intermediate products had suffered duty or that the final product was in stock when it became dutiable. The record also showed that the assessee had supplied the details of the duty-paid clearances and had sent the original duty-paying documents, and the receipt of that communication was not denied. In these circumstances, the mere assertion that the documents were not produced was insufficient to defeat the claim.
Conclusion: The denial of Modvat credit was unsustainable; the issue was decided in favour of the assessee.
Ratio Decidendi: Where the duty incidence on the relevant inputs is not in dispute and the assessee has substantially furnished the supporting duty-paid documents, Modvat credit cannot be denied on a purely technical objection that the original documents were not produced.
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