Modvat Credit on Invoice Consignee Name Difference upheld where the entity explanation was accepted and no disallowance followed.

Modvat credit could not be denied merely because the invoices named M/s. Wiltech India Ltd. as consignee instead of M/s. Asian Cables & Industries Ltd., where the explanation that Wiltech was a division of Asian Cables was accepted by the authorities. The difference in nomenclature was not treated as a valid basis to disallow credit, since the consignee shown on the invoices was regarded as the same entity that had availed the credit before and after 4-12-1994. The assessee's claim was therefore allowed.

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Issues: Whether Modvat credit could be denied merely because the consignee shown on the invoices was M/s. Wiltech India Ltd. instead of M/s. Asian Cables & Industries Ltd., when the explanation that Wiltech India Ltd. was a division of Asian Cables & Industries Ltd. was accepted.

Analysis: The explanation for the consignee description was not found fault with and was treated as acceptable by the authorities below. On that basis, the person shown as consignee was held to be the very entity that had availed the credit both before and after 4-12-1994. The difference in nomenclature on the invoices was therefore not a valid ground to disallow Modvat credit.

Conclusion: Modvat credit could not be denied on the ground of the consignee name shown on the invoices, and the claim was allowed in favour of the assessee.

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