Availement of Cenvat Credit

[SURYAKANT MITHBAVKAR]

We have cleared material with excise duty to our vendor for trial purpose who is not registered under Central Excise Act. Our vendor has lost our transporter copy and sent us material after trial is done without our transporter copy.

Can we avail the cenvat credit on basis of our original invoice which is lying with us.

Yes, credit can be taken based on your own invoice if correlation can be established. Also it would be better to take some declaration from the vendor on letterhead mentioning that the goods returned were originally supplied by you and transporter copy is missed out.

[YAGAY and SUN]

Dear Suryakant,

Please check Rule 16 of the Central Excise Rules, 2002 (as amended from time to time) in this regard also.

Regards,

YAGAY and SUN

(Management, Business and Indirect Tax Consultants)

AI Summary

Cenvat credit may be available if correlation with the original invoice is established despite missing transporter copy.
Credit may be taken on the basis of the supplier's original invoice where documentary correlation between the outward supply and returned goods is established; a vendor declaration and compliance with applicable Central Excise Rules (including Rule 16) are recommended to satisfy evidentiary and recordkeeping requirements for claiming cenvat credit.