I am directed to refer to the references made by Commissioners of Central Excise of the Effect that credit cannot be allowed.

(i)    On gate passes issued by 100% EOU for the period 1.4.94 to 10.8.94 and on invoices issued by such units for the period 11.8.94 to 12.2.96 on the ground that these documents were not prescribed as a document for the purpose of Modvat.

3.    With a view to resolve the difficulties Board had earlier specified certain category of documents under Rule 57H(4) for allowing the credit on such specified documents in respect of inputs lying in stock or received in factory or after 16.3.95.

4.    With a view to further resolving the transitional difficulties, Board by virtue of the power vested under Rule 57H(4) of the Central Excise Rule as amended by Notification No. 69/94-CE(NT) dated 7.11.94 hereby prescribes the gate passes issued under Rule 100E for the period 1.4.94 to 10.8.94 and invoice issued for the period 11.8.94 to 12.2.96 showing the additional duty of customs paid by a 100%n EOU/EPZ units as a document for the purpose of allowing the credit to manufacturers under the said Rule. As such credit can be regularised by the Assistant Commissioners of Central Excise wherever availed on the strength of aforesaid documents if otherwise permissible.

5.    Trade and Officers in field may be informed suitably.