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    <title>2005 (3) TMI 313 - CESTAT, NEW DELHI</title>
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    <description>Modvat credit cannot be denied for invoice defects where receipt of inputs, their duty-paid character, and use in manufacture are established. The amendment to Rule 57G of the Central Excise Rules, 1944, together with Circular No. 441/7/99-CX, clarified that omission of prescribed particulars in the invoice is not fatal if the Assistant Commissioner is satisfied about duty payment and use of the inputs. On the stated facts, the defects were procedural only and did not affect substantive entitlement to credit, so the denial was unsustainable and the assessee was granted credit.</description>
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    <pubDate>Thu, 03 Mar 2005 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=54302</link>
      <description>Modvat credit cannot be denied for invoice defects where receipt of inputs, their duty-paid character, and use in manufacture are established. The amendment to Rule 57G of the Central Excise Rules, 1944, together with Circular No. 441/7/99-CX, clarified that omission of prescribed particulars in the invoice is not fatal if the Assistant Commissioner is satisfied about duty payment and use of the inputs. On the stated facts, the defects were procedural only and did not affect substantive entitlement to credit, so the denial was unsustainable and the assessee was granted credit.</description>
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      <pubDate>Thu, 03 Mar 2005 00:00:00 +0530</pubDate>
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