Cenvat Revarsal on Purchase Return

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 hi all,

We have purchase one raw material and availed the credit of excise Rs 19000.

But due to our lab report we have to return the material.We have created a purchase return 

debit memo to vendor and reversed the excise from my RG registers.

and given Purchase Return Invoice to vendor.

Now as per our vendor he can not take excise credit because this document is not valid in excise.

My question is that is there any rule which restrict to avail credit of sales return on Purchase return invoice.

If it is then what is exact document through which we should do purchase return.

Replies (14)

 

Documentation Required
The CENVAT credit of excise duty or service tax paid would be available on the following documents viz:
A.    An invoice issued by —
(I) A manufacturer for clearance of —
(i) Inputs or capital goods from his factory or depot or from the premises of the consignment agent of the said manufacturer or from any other premises from where the goods are sold by or on behalf of the said manufacturer.
(ii) Inputs or capital goods as such;
(II) An importer;
(III) An importer from his depot or from the premises of the consignment agent of the said importer if the said depot or the premises, as the case may be, is registered in terms of the provisions of Central Excise Rules, 2002.
(IV) A first stage dealer or a second stage dealer, as the case may be, in terms of the provisions of Central Excise Rules, 2002; or
B.    A supplementary invoice, issued by a manufacturer or importer of inputs or capital goods in case additional amount of excise duties has been paid, except where the additional amount of duty became recoverable from the manufacturer or importer of inputs or capital goods on account of any non levy or short-levy by reason of fraud, collusion or any wilful misstatement or suppression of facts with intent to evade payment of duty.
Explanation:
For removal of doubts, it is clarified that supplementary invoice shall also include challans or any other similar document evidencing payment of additional amount of additional duty leviable under section 3 of the Customs Tariff Act; or
C.    A bill of entry; or
D.   A certificate issued by an appraiser of customs in respect of goods imported through a Foreign Post Office; or
E.    A challan evidencing payment of service tax by the person liable to pay service tax under sub-clauses (iii) and (v) of clause (d) of sub-rule (1) of rule (2) of the Service Tax Rules, 1944 or
F.    An invoice, a bill or challan issued by a provider of input service on or after the 10th day of September 2004; or
G.   An invoice, bill or challans issued by an input service distributor under rule 4A of the Service Tax Rules, 1994.

 Dear Sir,

my problem is only what document is needed for purchase return from our factory so that the vendor can

avail excise credit on the basis of that document.

As i have already mentioned that i have given hi purchase returrn invoice but as per him excise dept. if not 

accepting this document for cenvat credit.

 

Return Purchase Bill to Party and Rejection letter on letter head. or Issue a sales invoive for the same. but it will entered in purchase return. not sales. so you can safe from Sales tax form.

first not claim the cenvat credit on the material rejected. if u had taken the credit reverse immediately. retrun the purchase bill (transporter's copy) to the supplier along with the rejection letter. on this document  ur supplier can calim the cenvat creidt. 

Otherwise take the cenvat credit on the material supplied by supplier and issue your sale invoice to the supplier but specify on the invoice that this is a rejection of the material by giving cross reference of the suppliers bill no date etc 

The inputs or capital goods can be removed as such (any reason like rejection, quality problems, excess supply etc.) from the factory of manufacturer or premises of service provider on payments of an 'amount' equal to cenvat credit availed when the credit was taken. In other words, it amounts to reversal of cenvat credit taken [rule 3(5)].

The vendor is required to avil the credit based on his own invoice ( triplicate) to the extent of the returns which is evidenced by your delivery challan. You may ask him to refer Rule 16 which allows credit on invoice ( no copy has been specified) it could be your invoice or his.

You may send him a certificate that you have reversed the credit in your records for his use.

1.  Since you had initially availed credit, you can return the material under any of the following two procedures:

(i) You may remove the material under rule 3 (5) of Cenvat Credit Rules. Here you should issue a C. Excise Invoice; put remark "Removal of Inputs as such under rule 3(5) of Cenvat Credit Rules, 2004"; pay an amount equal to the credit taken (and charge it in the invoice).

(ii) You may remove it under job-work procedure of rule 4(5) of Cenvat Credit Rules. This procedure would be useful if the material is to be brought back after rectification.

2. Under rule 16 of C. Excise Rules, 2002, the receiver of duty paid goods is entitled to credit (even if it is not an input for him). If you issue an invoice under rule 3 (5), the receiver can avail credit on the basis of the same. 

we have purchased sponge iron which on quality test was tested of inferior quality. the supplier told us to raise a debit note of 25000. do we need to reverse the cenvat credit availed on the quantity of the value of debit note.we have not returned the goods. please advice.

If you raise purely debit for  meeting the quality/ inferior quality, not required to reverse CENVAT Credit.  You should reverse only when the goods are returned to the vendor.

Thank u. What should we state in the Particulars while raising debit note if its for quality.

what do we need to write in particulars of debit note rasied if its for quality issue.

You can mention in the debit note as "quality difference" or "poor quality".

In order to make it more clear, you may mention that: "Material retained by us for use" (so that the department should not allege that the material was also returned).

In case of purchase return, If we issue a sales invocie to party for the purpose of taking cenvat credit, than whehter party can take vat credit or not? i.e Vat credit is also required to passed on

Whether it is required to show our Sales tax return as sales to give credit and match with ITC profile??

Kindly give response 

 


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