1997 (9) TMI 222

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..... both these stay applications, common question of law and facts are involved, hence they are taken up together for disposal as per law. By common order, the Commissioner (Appeals) has rejected the plea of the appellants on the availment of Modvat credit in respect of duty paid and inputs received in the factory for use in or in relation to the manufacture of their final product namely, Oil Seals an .....

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..... for the appellants ld. Advocate submits that the issue pertaining to the registration of the dealers and the specific information in the invoices have been held to be technical lapses and it has been held by Tribunal that for such lapses, the substantive benefit of Modvat credit cannot be denied. In this regard he relies on the judgment rendered by the Tribunal in the case of Eveready Industries .....

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..... that the issue lies within the ambit of technicalities and there is no dispute with regard to the declaration having been filed and the inputs having suffered duty. As has been held in several judgments, Modvat credit being a substantive right cannot be denied for procedural lapses and the aspect pertaining to irregularities in the matter can be looked into at the final stage. However at this sta .....

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