2005 (3) TMI 313

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....l, Member (T)]. - The issue involved in this appeal, filed by Modi Xerox Financial Services Ltd., is whether Modvat credit of the duty paid on inputs is available to them on the basis of invoices which are not complete in all respects. 2. Shri B.L. Narasimhan, learned Advocate, submitted that the appellants manufacture developers and availed benefit of Modvat credit; that they received two cons....

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....ing to the provisions of Notification No. 32/94 and 33/94 both NT. The learned Advocate, further, submitted that the show cause notice sought to deny the Modvat credit on the ground that the invoices were not valid duty-paying documents since they did not contain details as required under Rule 57G or 57GG of the Central Excise Rules, 1944; that, therefore, the finding that invoice dated 16-11-1994....

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.... 4. We have considered the submissions of both the sides. It has not been the case of the Revenue that the inputs were not received by the appellants. They have also not disputed the duty-paid nature of the inputs. The Modvat credit has been disallowed on account of procedural lapses ignoring the subsequent amendment made in Rule 57G of the Rules by a Notification No. 7/99-C.E. (N.T.), dated 9-2-1....