Modvat credit on dealer's invoice upheld where document particulars were available and procedural omission could not defeat substantive entitlement.

Modvat credit was not available under the notification prescribing a last date for taking credit because the credit was taken after 30-6-1994. However, the dealer's invoice, together with particulars drawn from the manufacturer's duty-paying document, satisfied the document requirements of the earlier notification, and the later liberalised scheme reinforced acceptance of such invoices. A procedural omission in the register could not defeat the substantive entitlement where the relevant document and particulars were available. The assessee was entitled to Modvat credit, and denial on the procedural objection was unsustainable.

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Issues: Whether the assessee was entitled to Modvat credit on the strength of the dealer's invoice and the accompanying particulars, despite the credit having been taken after the date prescribed in one notification.

Analysis: Credit under the notification prescribing a last date for taking credit was unavailable because the credit was taken after 30-6-1994. However, the invoice issued by the dealer, along with the particulars drawn from the manufacturer's duty-paying document, satisfied the conditions of the earlier notification governing eligible documents. The later notification on similar lines and the further liberalised scheme also supported acceptance of the invoice. The procedural omission in the register did not justify denial of the substantive benefit where the relevant document and particulars were available.

Conclusion: The assessee was entitled to Modvat credit on the strength of the impugned invoice, and denial of credit on the procedural objection was unsustainable.

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