2013 (12) TMI 1182 - AT - Central Excise

Waiver of pre-deposit - Stay of recovery - Denial of Cenvat credit - Held that - Debit notes disclose all the essential particulars required of a statutory invoice. Prima facie, one should not look at the title of the document but should rather see the contents thereof to determine its status - Following decision of CCE, Salem v. Pallipalayam Spinners (P) Ltd. 2010 (9) TMI 951 - CESTAT CHENNAI - Stay granted.

Summary

The Appellate Tribunal CESTAT Bangalore granted waiver of pre-deposit and stay of recovery to the appellant. Cenvat credit of Rs. 12,31,828/- was denied by lower authorities, but the Tribunal found a prima facie case for the appellant as the "debit notes" issued by service providers contained essential particulars similar to a statutory invoice. The Tribunal referred to a previous case where debit notes were accepted for Cenvat credit.