tran 1

a person who is a pure vat dealer and gets all the purchase invoices as vat applicable then can he show the stock in 7(a) of trans 1 claiming that he has no invoice but the company has paid the excise duty even though he had received only the vat invoice?
Replies (3)

"non availability of duty paying documents", here duty paying documents which they are referring to is "Excise invoice"only. Since, you have VAT invoices only,so in the section where its asks "Where duty paid invoices are available?" , you have to select "No", and based on HSN of goods provided you will get 60/40% refund as applicable u/s 140(3).

And the VAT invoices will serve as "document of procurement of goods" which will be required as proof of goods at the time of scrutiny.

so we can claim the credit even if we have the vat invoice where the excise duty was paid by the supplier?

Yes, credit can be claimed.

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