2013 (5) TMI 243 - AT - Central Excise

Validity of debit notes issued by the service providers for availing cenvat credit - Held that - Debit notes placed on record contain all the information, which is required to be mentioned in the invoices. Thus as decided in Misson pharma Logistics (I) P. Ltd. 2012 (11) TMI 117 - CESTAT, AHMEDABAD , Indore Vs. Gwalior Chemical Industries Ltd. 2012 (5) TMI 352 - CESTAT, NEW DELHI and CCE, Nasik Vs. Graphite (I) Ltd. 2006 (10) TMI 224 - CESTAT, MUMBAI debit notes are valid documents for availing cenvat credit, if the same contained all the information which is required to be mentioned in the invoices. In favour of assessee.

Summary

Issues: Validity of debit notes as duty paying documents for availing cenvat credit.

The judgment pertains to a dispute regarding the validity of debit notes issued by service providers for availing cenvat credit. The central issue revolves around whether these debit notes can be considered as valid duty paying documents as per Rule 9 of the Cenvat Credit Rules. The appellant argued that the debit notes contained all necessary information required in invoices, such as the service provider's details, service tax information, and nature and value of services provided. The appellant relied on precedents where Tribunals had allowed cenvat credit based on debit notes fulfilling invoice requirements. In contrast, the Department contended that debit notes were not valid documents for cenvat credit, citing a specific Tribunal judgment to support their stance.

After hearing both parties, the judge analyzed the content of the debit notes in question and compared them to the requirements for invoices. The judge noted that the debit notes indeed included all essential information mandated for invoices. Furthermore, the judge referenced previous Tribunal decisions, including cases involving similar disputes, where debit notes were considered valid for availing cenvat credit if they met invoice criteria. The judge highlighted that the Department's reliance on a single Tribunal judgment was insufficient, especially when contradictory views existed in rulings by other Benches.

Consequently, the judge concluded that the debit notes, containing all necessary details, should be recognized as valid duty paying documents for claiming cenvat credit. The judge emphasized that the impugned order, which denied cenvat credit based on the debit notes, was unsustainable. Therefore, the judge set aside the previous order, allowing the appeal in favor of the appellant.