Important points relating to Cenvat Credit: - Central Excise Practice Manual (OLD) - Central Excise

20. Important points relating to Cenvat Credit: (a) The Cenvat Credit Rules 2004, is intended for the manufacturers governed by the Central Excise Act, 1944 as well as the service providers governed by the Finance Act, 1994 . The statutory provisions are mostly similar for both the categories; The main focus in this Guide is with reference to the statuatory provisions relating to the Central Excise law intended for the manfacturers. (b) Cenvat credit can be availed only when all the particulars as prescribed under the CER or Service Tax Rules, 1994 are contained in the said documents. (c) The jurisdictional Asst. / Deputy Commissioner is empowered to condone technical lapses or procedural infringements on the part of the assessee for availment of Cenvat credit so long as the duty paid nature of the input/capital goods/ input service are beyond doubt. (d) All reasonable steps should be taken to ensure that duty/tax as indicated in the documents has been paid on the inputs or capital goods or input service on which credit is taken. (e) Credit is not admissible, when the additional amount of duty became recoverable on account of non-levy or short-levy by reason of fraud, collusion or wilful mis-statement or suppression of facts or contravention of the statutory provisions with intent to evade payment of duty.