Endorsed Bill of Entry can support Modvat credit where it remains a valid duty-paying document.

Modvat credit may be claimed on the strength of an endorsed Bill of Entry because the document remains a specified duty-paying document under Rule 57G. Endorsement does not change its character, and credit is available where there is no finding that duty was unpaid or refunded. The Tribunal also relied on prior decisions accepting credit on endorsed Bills of Entry and noted that no contrary Supreme Court ruling was brought to its notice. The operative effect is that an endorsed Bill of Entry can support admissible Modvat credit.

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Issues: Whether Modvat credit could be taken on the strength of an endorsed Bill of Entry.

Analysis: Bill of Entry is one of the documents specified under Rule 57G on the strength of which Modvat credit may be taken. Endorsement of the Bill of Entry does not alter its character as a duty-paying document, and there was no finding that the duty had not been paid or had been refunded. The Tribunal also noted that prior decisions had accepted Modvat credit on endorsed Bill of Entry and that no contrary decision of the Supreme Court had been brought to notice.

Conclusion: Modvat credit was admissible on the strength of the endorsed Bill of Entry.

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