06 October 2012
If Modvat BOE copy misplaced for FY 10 and 11, and under reconciliation it was found that still modvat not availed on that. we do have Xerox copy of BOE with all transport documents and Vendor invoice.
can we claim Modvat on Xerox copy of BOE.
If no against which section/Rule. If yes what will be the implications.
06 October 2012
1st of all, its the case of 10 and 11, for which the accounts are finalized with "cum duty" basis..............how you can change the data in those final accounts?
usually such adjustment is possible only when there is remark of adjustment and provision made under final accounts by auditor, otherwise its matter of unjust enrichment under central excise, and can not be done.
08 October 2012
yes there is provision in books of accounts, Question is can we avail the Modvat on the basis of Xerox copy of BOE if origional is misplaced, else we need to take all pending amount to Cost.
08 October 2012
you have to take permission of juridictional assistant/deputy commissioner of CE, stating the facts and the FIR lodged with police, for lost documents, he may permit you to take credit, after verify of documents and facts.
09 October 2012
But Sir if we want to file FIR then it should be on today's date, commissioner will ask why credit is not taken in respective FY. Actually missing of BOE is come to know after reconcialition in FY 12.
now in the month of July'12 we lodged complain for BOE missinf and same we produce to Custome for copy of boe to avail Modvat. but they regret the request as cases are old.
Hence we want to take credit on Xerox copy, Last option. amount is Appx 40 MINR
09 October 2012
looks tough tough you have to apply 1st, and ask for a personal hearing, at the time of hearing you have to state that such goods were not put in use or installed till july 2012, so you have no availed the credit, and now when you were ready to avail credit, the BOE found missing. department may initiate audit on you to check the credentials and if needed they would go to customs also, co operate with them, to get the facts verified, on submission of Internal audit report the DC would be able to take action/ allow the same.
better to discuss the issue with your Range officer, who will guide you properly.
09 October 2012
there are several copies of BOE, and one copy only is required ( duplicate) for cenvat credit, you must have original copy and related documents, produce the same at the time of personal hearing.
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