9911796707
TMI Blog1999 (8) TMI 891X X X X Extracts X X X X X X X X Extracts X X X X ..... lants, who are manufacturers of man made yarn, on the following two grounds : (i) Invoices on which credit was taken, were issued by a registered dealer (M/s. Banswara Syntex Ltd.) without getting the registration certificate revalidated due to non-supply of additional information as required in terms of Trade Notice No. 10/95, dated 21-2-1995, thus rendering the registration invalid for Modvat purposes with effect from 16-3-1995, and in turn resulting in such invoices not being valid documents for Modvat purposes; (ii) Invoices issued after 1-8-1985 on which credit was taken were not pre-authenticated by the Central Excise authorities as directed under Notification No. 23/95-C.E., dated 30-5-1995 coming into force from 1-8-199 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tinguishable. In the case of Adarsh Engg. Works reported in [1996 (88) E.L.T. 501], denial of Modvat credit taken on the strength of invoices issued by a unregistered dealer, was set aside on the ground of time bar and only the penalty under Rule 173-Q for contravention of Rule 57G was sustained. This decision does not support the proposition of the learned DR that credit is not available on invoices issued by an unregistered dealer. 4. The decisions in the case of Jayana Time Industries Ltd. v. Commissioner of Central Excise reported in [1997 (93) E.L.T. 245] and Commissioner of Central Excise, New Delhi v. Anupam Products Ltd. reported in [1999 (107) E.L.T. 311] deal with availment of Modvat on invoices issued by registered dealers beyo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o a larger Bench is rejected, as not necessary. 7. In the light of the above discussion, we hold that the substantive benefit of Modvat credit cannot be denied to the appellants and set aside the denial of credit on this score. 8. Non pre-authentication : The first and last page of the invoice book was pre-authenticated and it was already in use by the dealer prior to issue of Notification No. 23/95-C.E., dated 30-5-1995. The Tribunal has been consistently holding that non pre-authentication of the invoices is only a procedural lapse which cannot deprive an assessee of its substantive benefit of Modvat credit. Therefore, this objection of the Revenue also fails. In the result, we hold that the appellants are entitled to the entire amo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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