2009 (7) TMI 436

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..... e on account of finalization of provisional assessment or on account of price escalation alone were recognized as valid duty paying document only before 2001 – Since there is no dispute of payment of duty and of credit availed, substantial benefit cannot be denied for procedural irregularities - Supplementary invoice raised is for payment of differential duty to rectify the incorrect adoption of r .....

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..... on account of price escalation alone were recognized as valid duty paying document before 2001. It is only after March '2001 that supplementary invoices for additional duty paid for any reason whatever has been recognized as valid duty paying document for taking credit. Credit was taken by the respondents on 28-2-2001 i.e. one day prior to the notification vide which the provisions of the said rul .....

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..... bstantial benefit cannot be denied for procedural irregularities. In this case taking of credit on supplementary invoices issued for payment of additional duty by the supplier on account of finalization of provisional assessment or on account of price escalation is only a procedural irregularity. Supplementary invoice raised is for payment of differential duty to rectify the incorrect adoption of .....

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