Input credit taken on debit note instead of invoice

[ranganath shenoy]

The audit team of the C.ex dept has made an observation that the cenvat credit for input services has been taken based on debit note raised by the service provider though they contain all the details .Is it possible to obatin a invoice now and set right the lapse

AI Summary

Can Cenvat Credit Be Taken via Debit Note? Experts Advise Obtaining Invoice to Avoid Litigation. The discussion involves a query about taking Cenvat credit based on a debit note instead of an invoice. The audit team observed this practice, prompting a question on rectifying the issue. Responses suggest that while a debit note with all necessary details is valid for availing Cenvat credit, obtaining an invoice is advisable to avoid litigation. It is emphasized that taking credit is a substantive right despite procedural deficiencies, and existing judgments support this stance. It is recommended to obtain an invoice to serve as a supporting document to the debit note.