Cenvat credit on excise invoice raised after receving in fac

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Dear experts We are a manufacturer registered in Central Excise. Recently we had purchased a goods. as per our P.O. terms supplier(First Stage Dealer) will provide excise Invoice. But he has not raised excise invoice and raised a commercial invoice while removing goods from his depot. So we had hold amount of Cenvat from their payment
 
Later after one month They had raise excise invoice referring commercial invoice no. and date on excise Invoice. Now They are asking for payments Please advice whether we can avail cenvat credit or not. 
 
You are requested to support your answer along with Rules/Cases
Replies (6)

At the time of removal of goods invoice should be raised.

Dear Singh 

I know Invoice should be raised at the time of removal 
but please advice whether we can avail cenvat credit or not

For availing the Cenvat two basics things are required.Firstly it is a duty paid input and secondly it has been utilised in manufacturing of final product.I assume that both these things are present in your case so, you are entitled for the credit. 

vivek,

Is commercial inv & exc inv date of same month or later.

In any case, there is no restriction and credit can be availed in next month.

The problem will be only for 1st stage dealer if both documents are of different month and the dealer will have to pay interest for delayed payment of excise duty.

You can keep supporting doc Commercial Invoice, gate entry, inwarding details along with excise invoice.

Thanks,
 

Chandan ji 

 

They are of differen month and dealer is not ready to pay interest and he is pressuring on us to take cenvat credit

hi vivek, you can take credit, if goods are used for manufacture of final product. you don't worry if he pays interest or not. Thanks


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