TMI BlogDocuments Required for availing Cenvat CreditX X X X Extracts X X X X X X X X Extracts X X X X ..... 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 terms of the provisions of Central Excise Rules, 2002 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thereunder with the intent to evade payment of service tax.(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 service recipient as the person liable to pay service tax; 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 (fa) a Service Tax Certificate for Transportation of goods by Rail (herein after referred to as STTG Certificate) issued by the Indian Railways, along with the photocopies of the railway receipts mentioned in the STTG certificate; or (g) an invoice, bill or challan issued by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en removed with effect from 1-3-2007] ================================ The following documents are valid for availing Cenvat Credit: A. For availing Cenvat Credit on Input and Capital Goods Invoice of the manufacturer issued for removal of finished goods. Invoice of the depot or consignment agent or any other premises of the manufacturer from where the finished goods are sold by or on behalf of the said manufacturer. Invoice of the manufacturer for inputs or capital goods as such. Invoice issued by an importer Invoice of the depot or consignment agent or any other premises of the importer from where the goods are sold by or on behalf of the said importer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... distributor or an agent, as the case be, the mutual fund or asset management company, as the case may be, receiving such service is liable to pay service tax. 2(1)(d)(vi). But, this clause not present in the Rule 9 of the Cenvat Credit Rules, 2004 , means thereby no Cenvat Credit is available in case of distribution of mutual fund. Discrepancy in the documents - Rule 9(2) Invoice / bills / challan or any other documents which is issued for the purpose of payment of excise duty or service tax are issued in accordance with the rules prescribed for that purpose. Under Central Excise, Rule 11 of the Central Excise Rules, 2002 prescribes the manner and contents of the Invoice to be issued by the manufacturer at t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ber of judgments and decisions in which the honourable tribunal has held that Cenvat Credit shall not be denied merely because of minor defects in the Invoice. Reasonable Steps to be taken before availing Cenvat Credit - Rule 9(3) Provisions of reasonable steps has been removed with effect from 1-3-2007) ========================================== Some interesting and important issues: 1 Invoice issued in the name of Head Office but material received at factory Some times, it may happen that invoice has been issued in the name of head office but the material has been received by the factory, in such cases Cenvat should not be denied merely because the invoice is not in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mentioned that the Credit shall be taken only on the basis on Duplicate Copy (Transporter Copy) of the Invoice. However, various courts and tribunal has given the verdict that it is possible to avail the Cenvat credit on the basis of First Copy (Original Copy for the buyer) shall be allowed. However, at present there is no such specific condition and Cenvat Credit can be availed on any copy of invoice, it is highly advisable that Cenvat Credit may be availed on the basis of Duplicate Copy (Transporter Copy). The reason behind this view is that the Duplicate copy is the best proof that he material has been received in the premises of the procurer. On the contrary, if the receiver wishes to avail the Cenvat Credit on the basis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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