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Cenvat credit on excise invoice raised after factory receipt

This query is : Resolved 
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30 April 2013 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.

It will be kind helpful to me if your answer are supported with Excise rules/Cases
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Arun Kumar Singh

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Arun Kumar Singh (Expert)
04 May 2013 Goods have been received in physical form with commercial invoice then you can take the cenvat credit on the taxable invoice.
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