DEAR SIR, CAN I CLAIM CENVAT CREDIT BY DEBIT NOTE
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NO we cannot claim cenvat on the basic of debit or credit note. for cenvat credit buyer have to raise excisable invoice then only we can take cenvat.
Case where credit allowed on strength of debit note:
Pharmalab Process Equipments Pvt. Ltd. v. CCE, Ahmedabad - 2009 (242) E.L.T. 467 (Tribunal) = 2009 (16) S.T.R. 94 (Tribunal)
2010 (17) S.T.R. 253 (Tri. - Chennai) (matter remanded)
Case where credit disallowed on strength of debit note:
2010 (17) S.T.R. 322 (Commr. Appl.)
advisable not to take. However, if credit is taken, intimate to the department in writing. However, all details required under Rule 9 of Cenvat Credit Rules, 1994 have to be present on the debit note.
As per Rule 9 of Cenvat Credit Rules, 2004, debit note is not a valid excise document for taking cenvat credit. It is better to ask concerned paty to issue supplimentary invoice instead of debit note. You can avail cenvat credit on supplimentary invoice.