9911796707
TMI Blog2001 (11) TMI 868X X X X Extracts X X X X X X X X Extracts X X X X ..... Modvat credit was availed on the basis of the original copy of the invoice and due permission of the Asstt. Commissioner was sought. The said Asst. Commissioner, after making necessary verifications about the loss of the duplicate, allowed the appellant to avail the credit on the basis of the original copy of the invoice. Thereafter the appellants were issued a show cause notice dated 23-10-98 proposing to revoke the said permission of the Asst. Commissioner and to disallow the Modvat credit availed by the appellant on the basis of the original copy of the invoice. The said show cause notice was adjudicated upon by the Deputy Commissioner of Calcutta, revoking the permission granted by the Asst. Commissioner vide his letter dt. 16-6-98 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also required to be held as clarificatory and hence retrospective in nature. The Board s circular is to the effect that credit can be allowed on the strength of original invoices, where duplicate copies of invoices have been lost in transit. 3. On the other hand the Revenue is of the view that the facility of taking Modvat credit on the basis of the original copy of invoice, where duplicate is lost, was only available to manufacturers and not to the dealers. 4. I have considered the submissions of both the sides. Admittedly the provisions of Rule 57G were amended vide Notfn. No. 15/98, dt. 2-6-98 and the facility to take Modvat credit on the basis of the original copy of the invoice, in case of loss of duplicate copy was extended to a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... originally granted permission to the appellants to avail the credit I do not find any merits in the Revenue s stand that at the relevant time dealers could not avail the credit on the basis of the original invoice. The Tribunal has in the above cases clearly held that the said amendments carried out in Rule 57G were retrospective in nature. The Board s clarifications are also to the effect that credit can be allowed on the strength of original invoice, where the duplicate is lost in transit and Asst. Commissioner is satisfied about the said loss. The Circular dt. 18-7-95 issued by the Ministry of Finance has clarified that the earlier Circular dt. 20-9-94 applies both under Rule 52A/57GG i.e. in respect of dealers also. As such I am of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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