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2017 (11) TMI 831 - MADRAS HIGH COURTCENVAT/MODVAT credit - imported raw material - duty paying documents - the case of the assessee was that, they did produce the original triplicate copy of the Bill of Entry, at the time of paying the duty and only thereafter, it was lost during transit as the assessee company is having its factory at Cuddalore and head office at Chennai - whether the production of attested / certified photocopy of the triplicate Bill of Entry can be treated as a valid document for the purpose of allowing the MODVAT credit to the assessee? Held that: - the goods imported were received in the factory of production and the same were covered by the requisite documents including the triplicate Bill of Entry which was lost subsequently and in lieu thereof, the assessee had produced duly attested / certified photocopy of the triplicate Bill of Entry. The facts as well as the finding given by the Division Bench of the Allahabad High Court in the case of Commissioner of Customs And Central Excise Versus M/s. Matsushita Television And Audio India Ltd. [2015 (8) TMI 1057 - ALLAHABAD HIGH COURT] would be squarely applicable to the present case, where it was held that it is undisputed that the inputs were received in the factory under the cover of a triplicate copy of the bill of entry which was subsequently misplaced, and the credit was allowed. Even after the amendment made to Rule 57G by insertion of Rule 11 by N/N. 7/99 dated 09.2.1999, the filing of documents is only procedure for availing MODVAT credit and therefore, the substantive right of the assessee would in no way get affected - The aspects mentioned in Rule 57G, especially in the context of filing documents to claim MODVAT credit is procedural and if at all there is any lacuna on the part of the assessee in complying with these procedural requirements of filing documents that would not affect the substantive right of the assessee to claim MODVAT credit. The impugned order of the first respondent / Tribunal is set aside and the questions of law framed in this appeal are answered in favour of the assessee and against the Revenue.
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