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commercial invoice issue for duty paid goods sold

Central Excise - Started By: - Anil Jangid - Dated:- 23-1-2016 Last Replied Date:- 27-1-2016 - We sold goods to x party on payment of excise duty.later x party reject the material and issued debit note us now goods lying x party premises, can we sale to y party under issue of commercial invoice we will mention detail remarks on commercial invoice duty payment of x party.can we do it ,expert please advice. - Reply By KASTURI SETHI - The Reply = Sh.Anil Jangid Ji, Answer is in the negat .....

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ed by a registered dealer in some circumstances but that will also be not a valid document for availment of cenvat credit. Under Rule 11 (1) a pro forma invoice has been permitted to a manufacturer of yarns or fabrics or ready made garments but that too for a few days and ultimately Central Excise invoice has to be issued in support of Pro forma invoice. You may mention all the particulars on commercial invoice but there is a difference between Central Excise invoice and commercial invoice inasm .....

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ntioned in Rule 11 and VAT/CST Laws are crucial as mentioned by 'Sethi Sir. Regards YAGAY and SUN (Management, Business and Indirect Tax Consultants) - Reply By Mahir S - The Reply = If you clear the goods by issuing commercial invoice, then party Y shall not be eligible to avail cenvat credit on such goods. - Reply By KASTURI SETHI - The Reply = Sh.Mahir S, Rightly advised, Sir. I agree with you. Otherwise also commercial invoice cannot replace Central Excise invoice. - Reply By Mahir S - T .....

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