Cenvat Credit

[Sanjay Sharma]

Dear Experts,

Is CENVAT credit admissible on original Invoice in case loss of Duplicate copy of Transporter of invoice and is there any permission from Excise department is required or not, pls. give your opinion in with the supporting rule/ circular or case law.

Regards

Sanjay Sharma

[sv bhasker]

Dear Sharmaji,

At present there is no  Rule which stipulates that credit can be taken only on the  Duplicate copy of invoice meant for  transporter . Hence, you can take credit on the basis of original copy of invoice without the permission from CE department.    You may not have any circular or case law as taking credit now on original copy of invoice is not a matter of litigation.

[NEERAJ KUMAR, RANCHI]

Yes Mr Bhasker is correct.

[YAGAY andSUN]

CENVAT credit is allowed on Original Invoice.  No need to seek permission in this regard.

[K Balasubramanian]

The credit on original invoice  is available from 10/09/2004 as per Cenvat Credit Rules,2004

AI Summary

Cenvat credit admissibility on original invoices when duplicate is lost; no departmental permission required under current rules. Credit may be taken on the original tax invoice where the duplicate copy intended for the transporter is lost; there is no rule requiring credit only on the duplicate transporter copy and no departmental permission is required to avail CENVAT credit on the original invoice under the Cenvat Credit Rules, 2004.