https://www.taxtmi.com/caselaws?id=3732 Modvat credit could not be denied where duty had actually been paid on the inputs and the buyer had used them in manufacture, because the purchaser and seller are separate tax entities and the buyer is not ordinarily bound by the seller's independent procedural defaults. A hundred per cent EOU restriction under Rule 100H(2) applied to the EOU itself, not to a non-EOU buyer claiming credit under Rule 57A. A merely defective invoice form, being within the seller's control and procedural in nature, could not defeat credit when substantive conditions were satisfied; the denial of credit and penalty were therefore unsustainable. en-us Tue, 12 Sep 2006 00:00:00 +0530 Fri, 25 Apr 2008 00:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=3732 Modvat credit could not be denied where duty had actually been paid on the inputs and the buyer had used them in manufacture, because the purchaser and seller are separate tax entities and the buyer is not ordinarily bound by the seller's independent procedural defaults. A hundred per cent EOU restriction under Rule 100H(2) applied to the EOU itself, not to a non-EOU buyer claiming credit under Rule 57A. A merely defective invoice form, being within the seller's control and procedural in nature, could not defeat credit when substantive conditions were satisfied; the denial of credit and penalty were therefore unsustainable. Case-Laws Central Excise Tue, 12 Sep 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=3732