Computer generated Invoice and requires no signature

[P Ovhal]

My question is on availment of CENVAT Credit based on computer generated Invoice’s written as it’s a “Computer generated Invoice and requires no signature”

Can CENVAT availment is possible as per law for such kind of invoices?

Provided that :

1)      Information Technology (IT) notification No 735 dated 29/11/2004 says Digitally signed electronic records (i.e. bills/invoice/statement/reports) treat as authenticated record/document as per Digital Sign is prescribed in para 4 in the said notification.

2)      CBEC Notification No 33/2000-CE(NT) says invoice generated on computer shall not be pre-authenticate 

Query:

1)      Notification No 33/2004 CE(NT) says only about pre-authentication but signature is required?

2)      Service Provider Send without signed hard copy of Invoice and mentioned on it “Computer generated Invoice and requires no signature” can this document was valid for CENVAT Credit?

Please advise

[YAGAY andSUN]

For availing CENVAT credit, Invoice must bear signatures of the their Authorized Signatories. Service Tax Rules read with the provision of Finance Act,1994 does not provide any exemption in this regard.  However, department can have a lenient view, if there is no default in payment of service tax by the concerned persons who are under obligation to pay the Service Tax.

[Pushkar Nanoti]

The invoice must be authenticated and thus must bear signatures of authorized person.  Pre-authentication of computer generated invoice is not required, however after invoice is generated through computer system it need to be authenticated.

AI Summary

CENVAT credit requires authenticated invoices; computer generated invoices need post generation authentication to qualify for credit. CENVAT credit requires invoices to be authenticated by authorized signatories; pre authentication of computer generated invoices is not mandatory, but such invoices must be authenticated after generation-by signature or equivalent digital authentication-before they will reliably support CENVAT credit, subject to possible administrative leniency in the absence of tax default.