Cenvat credit on excise invoice raised after factory receipt

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This query is : Resolved

VIVEK BARANWAL (Querist)

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. Please also advise How it will Show in RG 23A Part I and Part II

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

Ashish Vaish

Ashish Vaish (Expert)

02 May 2013 You can avail Cenvat once you have an Excise Invoice mentioning excise duty paid. Refer Rule 9 of CCR. It would be like a normal Excise Invoice u/r 11 of CER, record the inputs in RG 23A Part I and cenvat in Part II.

VIVEK BARANWAL

VIVEK BARANWAL (Querist)

03 May 2013 If we record the input in part I at the date of incoming in factory but excise invoice is having date later than received in factory

How we avail cenvat credit

Rajeev Kumar Garg

Rajeev Kumar Garg (Expert)

04 May 2013 As per rule, Excise invoice is issued on the same date when goods are removed. But supplier could not issue because they did not have a suitable stock of excisable goods in their stock. (I think so but not confirm)
Please check their excise bill whether the date of purchase of their input is earlier than the date of supply of the goods to you or not. If yes, you can take other wise you can not.

Second practical approach is (if you have not consumed that goods)that raise your bill to your supplier as goods return against their earlier commercial invoice for that entire quantity showing a debit entry of goods removed in RG23APT-I, then receive the material in current date by their actual excisable invoice and take cenvat credit.

THANKS.
Please click on "Thank User", if you are satisfied with my reply.
Rajeev Kumar Garg
(M.Com, L.L.B.)
Consultant (Excise, Customs & Service Tax)
Ph. no. +91 7500802402

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