MMTC certificate plus delivery challan satisfied Modvat credit documentation requirements under the applicable notification.

A certificate issued by MMTC, read with the matching delivery challan, was sufficient to establish entitlement to Modvat credit because the two documents together disclosed the quantity sold, the relevant Bill of Entry, and the countervailing duty paid on the parent consignment. The facility under Notification No. 16/94-C.E. (N.T.) was unavailable since the certificate was not issued before 1-4-1994, but the combined documents satisfied the requirements of Notification No. 15/94-C.E. (N.T.). Reference to the later Board circular was unnecessary because entitlement was already made out on the record.

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Issues: Whether the certificate issued by MMTC, read with the delivery challan, constituted a valid document for availing Modvat credit.

Analysis: The certificate issued by MMTC contained the quantity sold, reference to the delivery challan, the Bill of Entry under which the parent consignment was cleared, and the countervailing duty paid on the parent consignment. The delivery challan matched the certificate and together both documents disclosed all particulars required under the applicable notification. The facility under Notification No. 16/94-C.E. (N.T.) was not available because the certificate was not issued before 1-4-1994, but the combined documents satisfied the prescription of Notification No. 15/94-C.E. (N.T.). Reliance on the later Board circular was unnecessary, as the entitlement was otherwise established on the record.

Conclusion: The certificate and challan together were held to be sufficient, and the assessee was entitled to the Modvat credit.

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