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Reversal of Cenvat credit

srinivasan.K kuppuswamy

Sir,

We are placing the purchase order on supplier to supply the goods. We do not know whether the ordered material is manufactured by them or the same purchased outside and removed as such.

The invoice as per Rule 11 from the supplier is the base document for Cenvat credit and we availed cenvat credit.

If the supplier has passed on excess cenvat credit through invoice to their buyers, whether the buyers has to reverse the cenvat credit for which all the payments for the supplies made to supplier.

Please provide the favourable orders .

Kind regards

K Srinivasan

Debate on Reversing Cenvat Credit for Excess Supplier Invoices: Rule 3(5) CCR, 2004 & Unjust Enrichment A discussion in a forum addresses the issue of reversing Cenvat credit when a supplier passes on excess credit through invoices. The initial query raises concerns about whether buyers must reverse the credit if the supplier has overcharged. Respondents suggest issuing a debit note or excise invoice to reverse the excess credit. Another opinion argues that if the duty amount was paid as per the supplier's invoice, the buyer has the right to avail of the credit, and the supplier should handle any excess claims. The discussion also touches on legal provisions, such as Rule 3(5) of CCR, 2004, and the doctrine of unjust enrichment, advising that buyers need not reverse the credit unless mandated by the department. (AI Summary)
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