https://www.taxtmi.com/caselaws?id=83632 MODVAT or proforma credit cannot be denied where the original gate pass is lost, if a duly certified copy is produced in accordance with the applicable Board circular. The circular permits credit on certified documents, and an indemnity bond is required only when credit is taken immediately; on the stated facts, refusal of credit for want of such bond was unjustified. A duty demand raised long after the credit was taken was also time barred because there was no allegation of suppression or misstatement and the department had accepted the relevant returns. The credit was therefore admissible and the consequential demand unenforceable. en-us Wed, 19 Oct 1994 00:00:00 +0530 Thu, 14 Jul 2011 16:44:02 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=83632 MODVAT or proforma credit cannot be denied where the original gate pass is lost, if a duly certified copy is produced in accordance with the applicable Board circular. The circular permits credit on certified documents, and an indemnity bond is required only when credit is taken immediately; on the stated facts, refusal of credit for want of such bond was unjustified. A duty demand raised long after the credit was taken was also time barred because there was no allegation of suppression or misstatement and the department had accepted the relevant returns. The credit was therefore admissible and the consequential demand unenforceable. Case-Laws Central Excise Wed, 19 Oct 1994 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=83632