Modvat credit on endorsed invoice justified interim protection where goods moved in original packing and Tribunal views conflicted.

Endorsed invoices were treated as prima facie acceptable for Modvat credit during the relevant transition period, especially where the goods moved in original packing and judicial support existed for treating such invoices like gate passes. Because Tribunal views were conflicting and there was no allegation that the claimant was otherwise ineligible for credit, interim protection was warranted. Waiver of pre-deposit was granted and recovery of the disputed Modvat credit demand was stayed.

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Issues: Waiver of pre-deposit and stay of recovery of the disputed Modvat credit demand on a prima facie assessment of the admissibility of credit on an endorsed invoice.

Analysis: The application concerned an amount disallowed as Modvat credit. The Tribunal noted that the goods had moved in original packing and that there was judicial support for treating an endorsed invoice, in the relevant transition period, as an acceptable document akin to a gate pass. At the prima facie stage, the existence of conflicting Tribunal views and the absence of any allegation that the appellant was otherwise ineligible for Modvat credit justified interim protection.

Outcome: Waiver of pre-deposit was granted and recovery of the disputed amount was stayed.

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