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Issues: Whether Modvat credit was admissible when the prescribed duty paying document, namely the triplicate copy of the bill of entry, was not produced.
Analysis: The credit claim arose from imported Styrene Monomer received on loan from a trading company. Under Rule 57G(2), the prescribed document for availing Modvat credit on CVD-paid imported goods was the triplicate copy of the bill of entry. The invoices produced later could not substitute the statutory document, and there was no proof that the triplicate bill of entry was produced before the Tribunal. The cited precedents were held inapplicable on the facts because the missing prescribed document was central to the claim.
Conclusion: Modvat credit was not admissible and the finding against the assessee was upheld.