FERTILISERS & CHEMICALS Vs. COMMISSIONER OF CENTRAL

JUDGEMENT

(1.) THE issue relates to Modvat credit. The Modvat credit has been denied on the ground that party has availed credit on copy of the original invoice.

(2.) SHRI A.K.J. Nambiar, learned Advocate appearing for the appellants submitted that no such restriction with reference to the capital goods in terms of Rule 57T (3) of the Central Excise Rules, 1944. He referred to the relevant portion of the said rules which read as under: -

(3.) HE submitted that according to the above provisions the party can avail the credit either on original or on duplicate copy of the invoice. The restriction on availing Modvat credit only on copy of duplicate invoice is only under Rule 57G(2A). He submitted that since the duplicate copy was lost he could avail the credit on copy of the original invoice subject to the satisfaction of the Assistant Commissioner on loss of duplicate copy of invoice. He submitted that the evidence was adduced before the authority to establish the duplicate copy of invoice was lost but the same has not been taken into consideration. To enable him to convince the Assistant Commissioner about the lost of duplicate copy of invoice and to examine the issue, the matter is required to be remanded.