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Issue ID: 2503
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Wrong address of premises on invoices

Date 17 Dec 2010
Replies 3 Replies
Views 10345 Views
Asked by
Cenvat credit entitlement where invoices show administrative address; obtain jurisdictional confirmation before claiming credit.
Cenvat credit is allowable only for the registered office; where invoices bear an administrative office address in the same jurisdiction, the assessee should obtain confirmation or an order from the jurisdictional AC/DC before taking credit. Notifying other locations to the local sales tax authority as additional places of business can align administrative office dealings with the registered office and mitigate compliance risk. (AI Summary)

Dear all,

What is the remedy if a party has mentioned an address on invoice which is its administrative office address and not the registered office address?

The admin office address and the registered office address come under the same jurisdiction.

The party has utilized the cenvat credit on the invoices bearing the admin office address.

can the assessing officer issue show cause notice for this reason?

Please send me the reference of provision if any regarding this issue.

Thanks in advance

3 answers
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Replied on Dec 17, 2010
1.

You may please approach to the Jurisdictional AC/DC of Central Excise & Customs, quoting the facts made an application.

You may take the Cenvat Credit after receiving the order from Jurisdictional AC/DC of Central Excise & Customs,

Qutoe the relevant case laws :

M/s Coromandel Fertilizers Ltd vs CCE (A) Vishakhapatanam-2009 (239)ELT 99 ( Tri-Banglore)

 

 

Like 0
Replied on Dec 17, 2010
2.

Sir,

Cenvat credit shall be taken and allowed only for the registered office address. It cannot be utilized on the non-registered address mentioned in the invoice.

In the above case as the administrative office and registered office are located in the same jurisdiction. An application revealing the facts shall be made to the jurisdictional officer as early as possible. After receiving the confirmation the cenvat credit shall be taken.

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Replied on Dec 17, 2010
3.

every other place , other than registed office, must be informed to local sales tax deptt as an additional place of business. So assesse is dealing from his admn office on behalf of registered office and accordingly he can claim cenvat credit on the invoices if name of the organisation is same on the invoice.

Regards.

Manoj Gupta.

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