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Issue ID: 110921
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CANVAT credit

Date 17 Sep 2016
Replies5 Replies
Views 1266 Views
Asked by
CENVAT credit: Goods Received Note not prescribed and cannot alone defeat credit if statutory records show receipt.
GRN is not listed among the prescribed documents in the CENVAT Credit Rules, 2004 and is therefore not mandatory for claiming CENVAT credit. Rule 9 does not include GRN. Absence of non-prescribed documents such as GRN cannot be treated as conclusive evidence of non-receipt where invoices, inputs and CENVAT credit are recorded in statutory books and manufacturing facts demonstrate use of the inputs. (AI Summary)

Dear Sir,

Is GRN is mandatory for taken CANVAT Credit??

Thanks & Regards,

Sanjay Vasava

5 answers
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Replied on Sep 17, 2016
1.

No it is not mandatory. There is no mention about this document in the CENVAT Credit Rules, 2004 as amended from time to time.

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Replied on Sep 17, 2016
2.

Thank you sir.

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Replied on Sep 18, 2016
3.

Rule 9 of CENVAT credit does not include GRN as a document for taking and utilizing CENVAT credit.

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Replied on Sep 18, 2016
4.

Dear Sir,

In addition to legal position explained above, you can also rely on a decision of Tribunal in the case of

Veer-O-Metals Pvt. Ltd. Versus CCE, Bangalore-III reported at 2016 (2) TMI 867 - CESTAT BANGALORE = 2016 (331) E.L.T. 475 (Tri. - Bang.)

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Replied on Sep 20, 2016
5.

Dear Sanjay Vasava Ji,

The extract from the case law cited by expert is, 'The appellants have recorded the invoices, inputs along the available CENVAT credit in their statutory records. Also find force in the appellants contention that in the absence of the inputs in question, corresponding final products could not have been manufactured by them. The non-availability of the said documents which are not even the prescribed documents in terms of the CENVAT Credit Rules and the purpose of which is only to show the receipt of the materials at the factory gate, cannot be held to be conclusive evidence so as to arrive at a finding of the non-receipt of the goods.'

Thanks.

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