Circular No. 202/36/96-Central Excise

dated 26/4/96
F.No. 267/4/96-CX.8
Government of India
Ministry of Finance
Department of Revenue
(Central Board of Excise and Customs), New Delhi

Subject : Modvat Credit where invoices are not pre printed for specified period

Representations have been received from the Trade that the Modvat Credit is being denied on rule 57G invoice wherein the said invoices have not been pre-printed as original, duplicate, triplicate and quadruplicate in terms of Board”s Circular No. 96/7/95-CX dated 13.02.1995. It has been further represented that the Central Excise authorities are denying the Modvat credit in all such cases after 13.02.1995 in various Commissionerates all over the country.

2. The matter has been examined by the Board and it is felt that the time – lag has occurred between the receipt of the aforesaid Circular in various Commissionerates all over the country and subsequent issuance of public notices/ trade notices based on the above Circular. I am accordingly directed to say that the credit of duty paid on inputs on the strength of such invoices may be allowed where such invoices have not been pre-printed with the requisite details during the period 13.02.1995 till the date of issuance of individual public notices/ trade notices by the Commissionerates. The Assistant Commissioners of Central Excise may allow the credit in all such cases where the invoices have been stamped instead of being pre-printed as original, duplicate, triplicate and quadruplicate; after verifying the duty paid character of the goods as stipulated under rule 57H of Central Excise Rules, 1944. To prevent the credit being taken twice on the strength or duplicate and also on original copy of the invoice, it should be ensured that both copies of invoices are presented for defacing.

(Mallika Arya)
Under Secretary to the Govt. of India

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