Modvat credit cannot be denied for curable invoicing defects when declarations substantially match the goods received.

Modvat credit was not to be denied for a curable invoicing defect where the invoice showed another unit's address but both units belonged to the same assessee. The goods description in the invoice was found to match the inputs already declared, and a revised declaration filed within six months was treated as sufficient compliance with the relevant rule. Any delay in filing was regarded as capable of being condoned for sufficient cause. On that basis, the denial of Modvat credit was unsustainable and the assessee remained entitled to credit.

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Issues: Whether Modvat credit could be denied where the invoice mentioned the address of another unit of the assessee and the goods were described as DD Ingots, and whether the revised declaration filed within six months under the relevant rule cured any defect in declaration of inputs.

Analysis: The invoice discrepancy in the unit address was held to be a minor and rectifiable defect because both units belonged to the assessee. Credit could not be denied merely on that ground. The description of the goods in the invoice was found to tally with the inputs already declared, and the revised declaration filed within six months was treated as sufficient compliance, with delay, if any, liable to be condoned for sufficient cause.

Conclusion: The assessee was entitled to Modvat credit and the denial of credit was unsustainable.

Ratio Decidendi: Modvat credit cannot be denied for a curable invoicing defect or where the declared inputs substantially correspond with the goods received, and a revised declaration filed within the permissible period can validate the claim.

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