TaxTMI 
TaxTMI 
Availability of Cenvat credit
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....vailability of Cenvat credit<br> Query (Issue) Started By: - sushil kumar khetan Dated:- 19-1-2017 Last Reply Date:- 23-1-2017 Service Tax<br>Got 7 Replies<br>Service Tax<br>Our HO transfer all cenvat credit to Factory by a Debit note at the end of month as it has taken ISD registration. Question : Can we claim credit on Rent or Electricity payment of HO in our ER /ST3 return? Reply By MARIAPPAN....
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.... GOVINDARAJAN: The Reply: In my view credit can be taken. Reply By Ganeshan Kalyani: The Reply: If it has nexus with the output service or in the manufacturing of final goods . Reply By KASTURI SETHI: The Reply: I support the views of both experts and further I want to ask why you do you resort to Debit Note and why not invoice ? No doubt there are case laws which allow cenvat credit on debit....
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.... notes but it should not be a routine practice. Debit note not prescribed document under 9 of Cenvat Credit Rules, 2004.Debit note must be supported by an invoice, bill or challan as per Rule 9(g) of Cenvat Credit Rules, 2004. Reply By Mahir S: The Reply: On what basis do you think that such credit cannot be availed ? Reply By YAGAY AND SUN: The Reply: On Invoice/Bill/Challan the CENVAT Credit....
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.... can be distributed under ISD. However, there are few judgements which allowed Distribution on Debit Notes provided such Debit Notes do have all ingredients of an Invoice. Reply By Ganeshan Kalyani: The Reply: Also if the address on the face of the invoice is of the factory then by mere sending the bills to the factory, the factory would be able to take the credit. Reply By Ganeshan Kalyani: Th....
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....e Reply: Proper method to distribute the credit is through the mechanism of Input Service Distribution.<br> Discussion Forum - Knowledge Sharing ....