2001 (11) TMI 868

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....as the duplicate copy of the invoice was lost, Modvat credit was availed on the basis of the original copy of the invoice and due permission of the Asstt. Commissioner was sought. The said Asst. Commissioner, after making necessary verifications about the loss of the duplicate, allowed the appellant to avail the credit on the basis of the original copy of the invoice. Thereafter the appellants were issued a show cause notice dated 23-10-98 proposing to revoke the said permission of the Asst. Commissioner and to disallow the Modvat credit availed by the appellant on the basis of the original copy of the invoice. The said show cause notice was adjudicated upon by the Deputy Commissioner of Calcutta, revoking the permission granted by the Asst....

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.... CCE - 1996 (86) E.L.T. 536 (T), Notfn. No. 15/98 is also required to be held as clarificatory and hence retrospective in nature. The Board's circular is to the effect that credit can be allowed on the strength of original invoices, where duplicate copies of invoices have been lost in transit. 3. On the other hand the Revenue is of the view that the facility of taking Modvat credit on the basis of the original copy of invoice, where duplicate is lost, was only available to manufacturers and not to the dealers. 4. I have considered the submissions of both the sides. Admittedly the provisions of Rule 57G were amended vide Notfn. No. 15/98, dt. 2-6-98 and the facility to take Modvat credit on the basis of the original copy of t....