clarification regarding on which document require for cenvat credit taken on duty paid goods within a six months

[Guest]

Res.Sir,

i am from ahmedabad and working in private limited company as a accountant and taking care of excise and service tax of manufacturing unit.

i want to get clarification about cenvat credit , in this budget our FM.has declared that cenvat credit taken within a six month from the date of issue of invoice .

in this base let me clear that if i am manufacture and i send material on to my branch which is situated in mumbai after paying duty and branch sends back some of goods return to me(ho) and these goods were sold before 1 year so right can i take credit for the same duty paid goods which i receive from branch ....according to this budget ..

other issue: let me clear that which document is required to take credit of duty paid goods

pls. explain in detail.

regards,

MANAN PANDYA

AHMEDABAD

CONTACT:+919510018659

[Mahir S]

In above case, my view is that the HO can avail the cenvat credit on returned goods received from branch office; provided credit is availed in next 6 months time period.

The fact that the duty paid goods are returned goods and are the same goods cleared 1 year back does not have any relevance herein.

[Mahir S]

The following are the documents specified under Rule 9(1):

• Invoice issued by a manufacturer, importer, first stage dealer;
• Supplementary invoice;
• Bill of entry;
• a certificate issued by an appraiser of customs in respect of goods imported through a Foreign Post Office;
• a challan evidencing payment of service tax, by the service recipient as the person liable to pay service tax;
• an invoice, a bill or challan issued by a provider of input service on or after the 10th day of, September, 2004;
• an invoice, bill or challan issued by an input service distributor under rule 4A of the Service Tax Rules, 1994.

This amendment will be come to effect from 01.09.2014.

AI Summary

Cenvat credit: returned duty-paid goods eligible for credit if claimed within prescribed period; specified invoices and challans required. Cenvat credit can be availed by the head office on duty-paid goods returned from a branch provided the credit is taken within the prescribed six-month period from the invoice date; prior sale of the goods does not bar the claim. The claim must be supported by prescribed documents such as invoices by the manufacturer/importer/first-stage dealer, supplementary invoices, bill of entry, customs appraiser certificate for foreign post office imports, challans evidencing service tax payment by the recipient, invoices/bills/challans from input service providers issued after the amendment, and invoices/bills/challans from input service distributors.