Request for allowing modvat on the basis of the original copy of the invoice in case where the duplicate copy of the invoice is lost in transit should be disposed of within one month - Central Excise - 412/45/98

Circular No. 412/45/98-CX, dated 5/8/1998 Subject: Inconvenience in claiming MODVAT credit against transporter's copy of Invoice - clarification reg. It has been brought to the notice of the Board that Trade Industry is facing problem in the availment of Modvat credit of the duty paid on inputs on the basis of the original copy of the invoice in case where the duplicate copy of the invoice is lost in transit. 2. The issue has been examined in the Board. It is already provided in the Central Excise Rules to allow Modvat credit on the basis of the original copy of the invoice provided that the Assistant Commissioner of Central Excise is satisfied about the fact that the duplicate copy of the invoice has been lost in transit (Circular No. 68/68/94-CX dated 24.10.94 and reiterated vide Circular No. 137/48/95-CX dated 18.7.95). It has been decided by the Board that the requests of the assessees in this regard should be attended in time-bound manner so as to dispose of such cases within one month of the submission of the request. F.No. 267/58/98-CX-8