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TMI BlogCenvat credit on the basis of debit note in connection of negotiate the price of goods later on after despatch the goods.X X X X Extracts X X X X X X X X Extracts X X X X ..... Dear Expert We have Cleared the goods to our Customers as per verbal discussion over phone later on we have finalise the price of goods with the customer the same is on lower side accordingly our customer is raise a debit note for the excess amount showing excise duty separately because he is not registered with the central excise not taking cenvat credit.Pls.clarify whether we can avai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l the cenvat credit on the Debit note issued by our customer on the basis of price difference of our finished goods. - Reply By PAWAN KUMAR - The Reply = As per my view, there are two options : 1.Take cenvat credit on your own invoice. Keep the copy on invoice along with the debit note received from your customer and a copy of the p.o. Also intimated your range superintendent and remark i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the Excise return that excess duty was paid which accordingly re-credited towards the invoice. 2.Filed the refund of excess excise duty paid to the department. - Reply By phani raju konidena - The Reply = My dear Sharma, You can take the cenvat credit on the basis of 'Debit Notes' . In the case of Mahanagar Gas Ltd., Vs. CCE, Mumbai-V ( 2013 (12) TMI 1385 - CESTAT MUMBAI) t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Tribunal while allowing the Stay has held that - CENVAT Credit is available on the basis of debit notes provided all the ingredients as required in the invoices are contained therein - issue has been decided by Tribunal extending such benefit - prima facie case in favour - Stay granted: CESTAT [para 5] Accordingly, you can tak, if all the ingredients are satisfied under Rule 9 of CCR, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2004 . With regards, K.PHANI RAJU - Cenvat credit on the basis of debit note in connection of negotiate the price of goods later on after despatch the goods. - Query Started By: - SHIVKUMAR SHARMA Dated:- 27-12-2013 Central Excise - Got 2 Replies - Central Excise - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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