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TMI BlogAccounts and Returns for availing Cenvat CreditX X X X Extracts X X X X X X X X Extracts X X X X ..... dmissibility of the CENVAT credit shall lie upon the manufacturer or provider of output service taking such credit. Rule 9(6) The manufacturer of final products or the provider of output service shall maintain proper records for the receipt and consumption of the input services in which the relevant information regarding the value, tax paid, CENVAT credit taken and utilized, the person from whom the input service has been procured is recorded and the burden of proof regarding the admissibility of the CENVAT credit shall lie upon the manufacturer or provider of output service taking such credit. Rule 9(7) The manufacturer of final products shall submit within ten days from the close of each month to the Superintendent of Centra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vice, availing CENVAT credit referred to in sub-rule (9) or the input service distributor referred to in sub-rule (10), as the case may be, may submit a revised return to correct a mistake or omission within a period of sixty days from the date of submission of the return under sub-rule (9) or sub-rule (10), as the case may be. ==================================== It is commonly believed that no records or documents have been prescribed by the Cenvat credit for the purpose of availing Credit. But it is not correct. Yes, the statutory format under the Cenvat Credit has not been prescribed but the information and details that are required to be maintained have been prescribed by the Rule 9 of the Cenvat Credit Rules. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... redit utilized, - the person from whom the input service has been procured Further the burden of proof regarding the admissibility of the CENVAT credit shall lie upon the manufacturer or provider of output service taking such credit. Return to be filed by a Manufacturer - Rule 9(7) The manufacturer of final products shall submit within ten days from the close of each month to the Superintendent of Central Excise, a monthly return in the form specified, by notification, by the Board. In case manufacturer is availing exemption under a notification based on the value or quantity of clearances in a financial year, he shall file a quarterly return in the form specified, by notification, by the Board within ten days ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the particular half year, whereas the due date for filing the Cenvat Credit in ST-3 form is 30 th of the month following the end of the half Year. Therefore, since the due date prescribed under the different provisions are contradicting, the later date should prevail and return filed by the end of the following month should be treated as a valid return. Return to be filed by the input service distributor - Rule 9(10) The input service distributor, shall furnish a half yearly return in such form as may be specified, by notification, by the Board, giving the details of credit received and distributed during the said half year to the jurisdictional Superintendent of Central Excise, not later than the last day of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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