Modvat credit cannot be denied for invoice form compliance when required particulars are present and unnotified objections are raised later.

Modvat credit could not be denied where the dealer's invoices contained the particulars required by Notification No. 15/94-C.E. (N.T.), including the duty rate, duty amount, serial number, date, quantity of inputs, and the manufacturer's invoice details under Rule 52A. The invoices on record showed the required duty particulars in figures and words, so they were not deficient in form for credit purposes. A further objection that duty had been passed on in excess of the invoice price was also unavailable because that ground had not been raised in the show cause notice. The denial of credit was therefore unsustainable.

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Issues: Whether Modvat credit could be denied on the ground that the dealer's invoices did not contain the requisite particulars, and whether a fresh ground not raised in the show cause notice could be relied upon to disallow the credit.

Analysis: Notification No. 15/94-C.E. (N.T.) required the invoice to contain the rate and amount of duty, together with the serial number, date and quantity of inputs and the date of the manufacturer's invoice. The invoices on record showed the rate of duty and total duty in figures and words and also contained the particulars of the manufacturer's invoices under Rule 52A of the Central Excise Rules. On that basis, the invoices could not be treated as deficient for denying credit. The additional objection that duty had been passed on in excess of the price shown in the invoice was also not available, as that ground had not been taken in the show cause notice.

Conclusion: The denial of Modvat credit was unsustainable and the assessee succeeded on the issue.

Ratio Decidendi: Where invoices satisfy the particulars mandated by the governing notification, Modvat credit cannot be denied for alleged deficiency in form, and a ground not raised in the show cause notice cannot be used to disallow the credit.

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