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Cenvat Credit

Jinu Kodasseri (Executive -Commercial) (73 Points)

22 March 2011

Hi,

Can we avail Cenvat credit on Buyer copy of Excise inv in absence of Duplicate for Transporter Copy.

If yes, pls give the notification no. of the same.

Regards,

Jinu

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3 Replies

U S Sharma (glidor@gmail.com) (21056 Points)
Replied 22 March 2011

Just send an intimation to your juridictional AC/DC and take credit.

DAYANANDA K N (ACCOUNTS EXCECUTIVE) (575 Points)
Replied 23 March 2011

Cenvat rules does not specify any particular copy for taking the cenvat credit. The word used is "Inovice" without refering to any copy. Under excise three copy of the Inovice ie Original duplicate and triplicate copies are valid. You can take credit any of these copies.

Read Rule 9 of cenvat credit rules 2004

CA Pradeep Sharma (CA) (2644 Points)
Replied 24 March 2011

Cenvat credit can be availed on basis of eligible duty documents as specified in Rule 9(1).

Invoice of Manufacturer, Bill of Entry, Supplementary Invoice, Dealer’s Invoice and GAR-7 challan when service receiver is liable to pay service tax are major eligible documents.

There is ample case law that Cenvat credit cannot be denied for minor defects in duty paying document.

Person taking credit must take reasonable steps while availing Credit. Burden of proof of admissibility of Cenvat credit is on him [Rule 9(5) of Cenvat Credit Rules]

So, there is no specfic mention in RULE 9 of CCR 2004 that inout can be taken only on basis of original Document, So Buyer can take credit on bais of Transporter Copy also...............