CENVAT CREDIT ON DEBIT NOTE

[AJAY TAGAI]

DEAR SIR, CAN I CLAIM CENVAT CREDIT BY DEBIT NOTE

[K chandrakar]

dear ajay NO we cannot claim cenvat on the basic of debit or credit note. for cenvat credit buyer have to raise excisable invoice then only we can take cenvat.

[CA. Shivani Shah]

Case where credit allowed on strength of debit note: Pharmalab Process Equipments Pvt. Ltd. v. CCE, Ahmedabad - 2009 (242) E.L.T. 467 (Tribunal) = 2009 (16) S.T.R. 94 (Tribunal) 2010 (17) S.T.R. 253 (Tri. - Chennai) (matter remanded) Case where credit disallowed on strength of debit note: 2010 (17) S.T.R. 322 (Commr. Appl.) advisable not to take. However, if credit is taken, intimate to the department in writing. However, all details required under Rule 9 of Cenvat Credit Rules, 1994 have to be present on the debit note.

[SANJEEV JADHAV]

As per Rule 9 of Cenvat Credit Rules, 2004, debit note is not a valid excise document for taking cenvat credit. It is better to ask concerned paty to issue supplimentary invoice instead of debit note. You can avail cenvat credit on supplimentary invoice.

AI Summary

Cenvat credit on debit notes is generally not accepted; supplementary invoices and Rule 9 compliance are required, notify department. A standalone debit note is generally not a valid excise document for claiming Cenvat credit; a supplementary or excisable invoice is the appropriate supporting document. A tribunal accepted credit on a debit note where it contained all particulars required under Rule 9 of the Cenvat Credit Rules, but other authorities have disallowed such credit. Given conflicting precedents, taxpayers are advised to obtain a supplementary invoice or, if taking credit on a debit note, to notify the department and ensure full Rule 9 compliance.