taking of credit if debit note issued

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..... taking of credit if debit note issued
Query (Issue) Started By: - ramniranjan kandoi Dated:- 10-9-2013 Last Reply Date:- 14-9-2013 Central Excise
Got 4 Replies
Central Excise
If Input is recd. @ Rs.25/ per kg, duty is also paid on Rs.25/ by supplier. After receipt, if some defect is found than consignee issues Debit Note to the supplier thus pay less to supplier to the extent of Debit .....

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..... Note. Whether full credit can be taken by consignee.Pl. quote some case laws. Reply By neesha upadhyay: The Reply: You can avail the credit on the amount after deducting Debit note amount. Reply By Naveed S: The Reply: Yes, i also agree that credit available after issuance of debit note can be availed. However, the quantity reflected in the books of accounts should tally with the balanced qua .....

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..... ntity after return of defective peices. However, related records such as copy of debit note, purchas order, invoice, payment particulars, corrrespondence letters with the supplier etc. should be separately maintaned and shown at the time of audit by excise officers, if required. Reply By phani raju konidena: The Reply: Actually material supplier can claim the 'refund' for the value of differenc .....

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..... e, you can only take the cenvat credit on proportionate basis, otherwise it will come into the principle of unjust enrichment. Reply By phani raju konidena: The Reply: Actually material supplier can claim the 'refund' on the basis of value of difference or he can take credit on the basis of 'Debit Notes' issued by the consignee if all the contents of the 'Debit Notes' are conformed to the Invoi .....

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..... ce under rule 11 of CER, 2002 [CCE, Indore Vs. Grasim Industries Ltd., (2011 (7) TMI 944 - CESTAT, NEW DELHI )], you are only eligible to avail the cenvat credit on proportionate basis, otherwise it will come into the principle of unjust enrichment.
Discussion Forum - Knowledge Sharing .....

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