Cenvat credit availibility on input received


This query is : Resolved 

18 April 2016 Inputs of Rs 20,000 received in factory in the month of June. However invoice dated 2 July was received on 4th July.

My view: I can take credit in June as credit is available as soon as goods are received
ICAI Answer: Cannot be utilised in June as per proviso Rule 3(4) read with Rule 9(1)

Which view is correct?

20 April 2016 ICAI view is correct.
Material is received in the month of June but actual invoice issued on july, then you cann't avail credit in the month of June.

20 April 2016 Sir can you please explain because I am unable to find any such condition in the rules

If you can let me know what is the exact sentence used in the rules which says that invoice has to be issued first

Because I could only find that as per Rule 4 you can take credit as soon as goods are received in the factory

21 April 2016 Cenvat Credit can be availed only on receipt of Input with Cenvat copy ( Duplicate for transporter copy) hence if material received in the month of June on Challan but Cenvat invoice issued in the month of July then you can avail this credit in the month of July onward within period of 1 year.

Rule 4. Conditions for allowing CENVAT credit.-
(1) The CENVAT credit in respect of inputs may be taken immediately on receipt of the inputs in the factory of the manufacturer or in the premises of the provider of output service

(2) (a) The CENVAT credit in respect of capital goods received in a factory or in the premises of the provider of output service at any point of time in a given financial year shall be taken only for an amount not exceeding fifty per cent. of the duty paid on such capital goods in the same financial year


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