Modvat credit on a photocopy of the bill of entry raised no referable question of law where trade notice and indemnity bond protected Revenue.

Admissibility of Modvat credit on a photocopy of the triplicate bill of entry was upheld on the factual basis that the Tribunal had relied on a valid trade notice issued by the Customs House and the execution of an indemnity bond protecting Revenue interests. The reference application failed because Revenue did not show that the trade notice was inapplicable or that the Tribunal had proceeded on different facts. As a result, no referable question of law was disclosed and the reference application was rejected.

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Issues: Whether the reference application disclosed any question of law on the admissibility of Modvat credit on a photocopy of the triplicate bill of entry.

Analysis: The reference was tested against the basis on which the Tribunal had allowed credit. The Tribunal had relied on the trade notice issued by the Customs House and the fact that the respondent had executed an indemnity bond, thereby safeguarding the Revenue's interest. Since the Revenue did not show that the trade notice was inapplicable or that the factual basis considered by the Tribunal was different, the application did not disclose any referable question of law.

Conclusion: No question of law arose and the reference application was rejected.

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