1997 (3) TMI 222

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....issued during the period 8-7-1994 to 3-8-1994 and the appellants have pleaded before us, that they had taken Modvat credit before 31-12-1994. According to the Notification No. 15/94 , the invoice issued by the dealers were notified as a valid document. Dealers were however, vide the notification issued on 1-7-1994 had given time to register themselves up to 31-12-1994. 2. The Board with a view to remove the difficulties in regard to the issue of invoices for acceptance of Modvat purposes, directed the acceptance of invoices issued from the Depot in the prescribed format as valid document and these were required to contain details as referred to the Notfn. 15/94 & 21/94. The Assistant Commissioner were asked to accept such document w....

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....ce was issued from the manufacturer's depot and the format of the invoice to be issued has been prescribed under Notification No. 15/94 which notification reads as under : Modvat-Particulars to be indicated in the invoice [Add on page 6.108 of Central Excise Manual 1994-95] In exercise of the powers conferred by rule 57G of the Central Excise Rules, 1944, the Central Government hereby prescribes the invoice issued by - (i) a manufacturer from his factory or depot; or (ii) wholesale distributor/dealer of a manufacturer who has bought the excisable goods either from the manufacturer at the factory or from the manufacturer's depot; or (iii) an importer from his godown, containing (a) the rate and the amount of duty, bot....

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....he agency of the dealers had been provided and the excise authorities after taking note of the ground realities issued various instructions and a number of notifications were also issued. The position that emerges from the clarifications issued by the board which have been reproduced in Trade Notice 6/95, dated 30-1-1995 is that dispensation was granted for acceptance of documents as issued by the various dealers up to 31-12-1994. This trade notice is reproduced below for convenience of reference. "A representation of the PHD chamber of commerce and Industry, was received by the Board on the following problems : (1) Modvat is not being allowed in respect of inputs lying in stock, as on 31-3-1994 for which invoices have been issued bet....