Modvat credit on endorsed invoice upheld where the prescribed dealer invoice was also available

Modvat credit was admissible where duty-paid goods were received under an endorsed invoice and the corresponding dealer's invoice was also available. The endorsed invoice was treated as a valid transport document for Modvat purposes at the relevant time, and the prescribed document under the notification was therefore available. On that basis, denial of credit was unsustainable.

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Issues: Whether Modvat credit could be denied where the goods were received under an endorsed invoice and the dealer's invoice prescribed for the purpose was also available.

Analysis: The goods were admittedly duty paid and were received under an endorsed invoice. The document accompanying the goods was treated as valid for Modvat purposes at the relevant time, and the dealer's invoice corresponding to the same goods was also produced. The prescribed document under the relevant notification was thus available, and endorsed invoices were accepted as a valid transport document for Modvat credit.

Conclusion: Modvat credit was admissible and the denial of credit was unsustainable.

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