Modvat credit on original invoices was admissible before the 19 January 1995 documentary amendment.

Modvat credit was admissible on the strength of the original invoice for the period before 19 January 1995, because the documentary requirement had not yet been altered by Notification No. 2/95-C.E. (N.T.). During 4 July 1994 to 18 January 1995, dealer registration was in force, but invoices were not yet required to be marked original, duplicate or triplicate. Trade notices issued by different Collectorates clarified that the original invoice was the valid document for Modvat purposes, and those clarifications were treated as reflecting the correct legal position for that period.

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Issues: Whether Modvat credit could be validly taken on the strength of the original invoice for the period prior to 19-1-1995.

Analysis: The dispute turned on the documentary requirement for availing Modvat credit before the amendment introduced by Notification No. 2/95-C.E. (N.T.), dated 19-1-1995. The relevant period was from 4-7-1994 to 18-1-1995, during which dealer registration had already been introduced and the invoice copies had not yet been required to be marked as Original, Duplicate, Triplicate etc. The contemporaneous trade notices issued by different Collectorates clarified that the original invoice would be the valid document for Modvat purposes, and these clarifications were treated as reflecting the correct legal position for that period.

Conclusion: Modvat credit on the original invoice was admissible and the assessee was entitled to the credit.

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