9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (4) TMI 209 - AT - Service TaxCENVAT credit - duty paying documents - whether Cenvat credit may be taken by the appellant on the basis of the debit notes received by them from the service providers? - Held that - Cenvat credit should not be denied simply on the basis that they are debit notes and are not documents specified under Rule 9(1) of the CCR 2004 - as long as such debit notes contained all requisite information as prescribed under Rule 9(1) these should be considered on par with invoices and hence credit cannot be denied - in the present case the debit notes contained all necessary details the credit is thus allowed - appeal allowed - decided in favor of assessee.
Issues: Availment of Cenvat credits based on debit notes under Rule 9 of the Cenvat Credit Rules, 2004.
Analysis: The appeal was filed against an order by the Commissioner (Appeals), Indore, regarding the availment of Cenvat credits by the appellant based on certain debit notes. The authorities below held that debit notes are not valid documents for Cenvat credit under Rule 9. The Original Authority allowed credits of ?25,981, but the 1st Appellate Authority disallowed them, leading to the appeal before the Tribunal. The learned Advocate for the appellant argued that the debit notes contained all necessary details as required by Rule 9 of the Cenvat Credit Rules. He cited previous Tribunal cases supporting the view that as long as the debit notes meet the requirements of Rule 9(1), Cenvat credit should not be denied. The learned DR requested remand to the Original Authority for verification. The Tribunal noted the dispute on whether Cenvat credit can be claimed based on debit notes from service providers. Citing previous cases, the Tribunal agreed that denial of Cenvat credit solely based on debit notes not being specified documents under Rule 9(1) is incorrect. As long as the debit notes contain all required information, they should be treated as invoices for credit purposes. The Original Authority had verified the debit notes and allowed the credit, which the Tribunal found reasonable. As no need for remand existed, the impugned order was set aside, and the Original Authority's decision was upheld, allowing the appeal.
|
