Modvat credit cannot be denied for a rectifiable invoice defect when goods match the manufacturer's invoices.

Omission of the manufacturer's name and address in a dealer's invoice was treated as an inadvertent, rectifiable defect where the goods could still be correlated with the manufacturer's invoices. Denial of Modvat credit on that ground alone was therefore unjustified, and the assessee was to be given an opportunity to have the invoice rectified by the dealer. The objection that credit had been wrongly quantified also required reconsideration on the basis of the original manufacturer's invoices, so the disallowance of credit and the penalty were set aside and the matter remanded for fresh decision.

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Issues: Whether Modvat credit could be denied for omission of the manufacturer's particulars in the dealer's invoice and whether the allegation of wrong quantification of credit required fresh consideration.

Analysis: The omission of the manufacturer's name and address in the dealer's invoice was treated as an inadvertent and rectifiable defect, especially where the goods could be correlated with the manufacturer's invoices. Denial of credit solely on that ground was held unjustified, and the assessee was entitled to an opportunity to have the invoice rectified by the dealer. The further objection regarding wrong quantification of credit was also directed to be examined again on the basis of the original manufacturer's invoices.

Conclusion: The disallowance of Modvat credit and the penalty were set aside and the matter was remanded for fresh decision after rectification and verification of the invoices.

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