TaxTMI Login
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Just a moment...
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: Whether Modvat credit could be denied on inputs received before the commencement of Notification No. 28/95-C.E. (N.T.) merely because the credit was taken later and the duty-paying documents were obtained subsequently.
Analysis: The inputs had been received and entered in the statutory records before the notification came into force. The delay in taking credit was attributable to non-receipt of the duty-paying documents along with the goods, and the documents were eventually procured after explanation by the transporter. The notification introducing the six-month condition was treated as prospective in operation, and it was held not to govern inputs already received before its commencement. The decision also proceeded on the basis that where receipt of goods, duty-paid character, and the reason for delayed documents are undisputed, substantive compliance is sufficient for allowance of credit.
Conclusion: Modvat credit could not be denied, and the assessee was entitled to the credit.
Final Conclusion: The appeal succeeded because the later notification did not apply to inputs received earlier, and the assessee satisfied the substantive requirements for credit.
Ratio Decidendi: A procedural condition introduced by a later notification cannot be applied to deny Modvat credit on inputs already received before the notification came into force, particularly where the entitlement is otherwise supported by substantive compliance and undisputed receipt of duty-paid goods.
TaxTMI 
TaxTMI 
