CENVAT CREDIT ON DEBIT NOTE, Central Excise

[AJAY TAGAI]

DEAR SIR, CAN I CLAIM CENVAT CREDIT BY DEBIT NOTE

Posts / Replies

[K chandrakar]

dear ajay 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.

[CA. Shivani Shah]

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.

[sanjeev jadhav]

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.