Cenvat Credit on tax invoice only

[Asked by Guest]

Dear Sir,

We have taken Credit of suppliers invoice on which he mention the Retail Tax invoice not mention duplicate for transporter or Original for buyer so should we eligible for Cenvat credit on that invoice of need to reverse.

The Excise office taken objection during the EA-2000 Audit and saying for reverse.

Please give you opinion what can we do. In this if we talked with supplier and take the duplicate for transfer then it is ok or not ?

2) In some service tax invoice also service provider not mentioned full our factory address only Mention factory Name in that case it not eligible for input service . If no can we take the revise invoice from service provider putting our full factory address because the service provider is our local he will be agree for providing the invoice with full address.

So please guide us what is possible in our case.

3) When we import some material by air DHL Express Ltd cleared the material and paid the custom duty in this he generate the courier bill of entry combined from 10 parties and he provide us the photocopy of this courier bill of entry on this photocopy of Bill of entry can we take Cenvat credit of CVD and AED or not ?

Excise Office denied the cenvat credit stated that courier bill of entry not a valid document for cenvat Credit as per cenvat Creit Rule-2004.

Regards

Swapneswar Muduli

Regards

Swapneswar

AI Summary

Cenvat credit on invoices hinges on meeting statutory invoice and customs document requirements for claimability.
Cenvat credit depends on fulfilment of statutory invoice and customs document content requirements rather than labels like 'duplicate' or incomplete addresses; where deficiencies exist a revised supplier/service invoice or a normal Bill of Entry should be obtained, and photocopies of consolidated courier Bills of Entry have been treated by authorities as potentially sufficient for import duty credit subject to circular guidance and rule based conditions.