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Issue ID: 1650
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Input credit taken on debit note instead of invoice

Date 13 Dec 2009
Replies 3 Replies
Views 4530 Views
Cenvat credit validity when debit note contains prescribed particulars; obtain invoice to cure procedural deficiency and support credit claim.
If a debit note contains the prescribed particulars it is a valid document for availing Cenvat credit of service tax on input services; taxpayers can cure procedural lapses by obtaining an invoice and a confirmatory letter referencing the debit note so the invoice serves as supporting evidence, and procedural deficiencies alone should not negate the substantive right to credit where tax was actually paid. (AI Summary)

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

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