2021 (10) TMI 76 - AT - Central Excise

CENVAT Credit - duty paying documents - Debit Note issued by the importer in respect of import of machines - CVD paid there on was passed on to the appellant by way of Debit note - denial by both the Lower Authorities interpreting the rule 9 of Cenvat Credit Rules, 2004 - HELD THAT - As per rule 9 not only invoice or bill of entry but any other document is also the valid document for availing credit. The appellant has submitted the bill of entry of the importer M/s CMC Machinery whereby the CVD was paid and proportionate CVD has been passed on through debit note. Debit note contains all the details as required to be mentioned in Cenvatable documents. Moreover, the appellant also submitted a certificate from CMC which bears the IEC Code number of the importer. With this fact a debit note can be considered as valid documents for availing the Cenvat credit. The debit note is the document on the basis of which the Cenvat Credit is admissible. There is no dispute about receipt of goods - Credit is therefore allowed. Appeal allowed - decided in favor of appellant.

Summary

Issues Involved:
Whether the appellant is entitled to Cenvat Credit on the strength of a Debit Note issued by the importer for the import of machines and CVD paid thereon, and whether the Debit Note is a valid document for availing Cenvat credit.

Analysis:
The appellant claimed Cenvat credit based on a Debit Note issued by the importer. The appellant's counsel argued that previous judgments have upheld the validity of a Debit Note for availing Cenvat credit. The appellant provided documents such as the importer's registration certificate and a no objection certificate, showing all necessary details on the Debit Note. The appellant maintained various documents like tax invoices, bill of entry, and registers to support the receipt of goods.

The Revenue's representative contended that the Debit Note did not contain the required details and was not a prescribed valid document under rule 9 of Cenvat Credit Rules, 2004. Both lower authorities denied the credit based on this interpretation. However, the Member (Judicial) found that rule 9 allows for any document, not just invoices or bill of entry, to be considered valid for availing credit. The Debit Note in question contained all necessary details, including the importer's IEC Code, making it a valid document for Cenvat credit.

In a similar case, the tribunal had previously ruled in favor of allowing Cenvat credit based on a Debit Note. The Member (Judicial) cited various judgments where Cenvat credit on Debit Notes had been allowed, emphasizing that as long as the required details were present and the services were accounted for, the Debit Note was a valid document for claiming credit. The Member (Judicial) set aside the impugned order and allowed the appeal, granting the appellant the Cenvat credit claimed on the Debit Note.

The Member (Judicial) referenced a judgment from the Hon'ble Rajasthan High Court, which also supported the acceptance of Debit Notes for claiming Cenvat credit under rule 9 (1) of the Cenvat Credit Rules, 2004. Following the precedents set by the tribunal and High Court, the Member (Judicial) concluded that the Debit Note in this case was a valid document for availing Cenvat credit, as all necessary details were present and goods receipt was undisputed. Consequently, the impugned order was set aside, and the appeal was allowed, granting the appellant the Cenvat credit amount.