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TMI BlogCenvat CreditX X X X Extracts X X X X X X X X Extracts X X X X ..... Dear Sir, We have import Material by air Prepared common bill of entry(Courier bill of Entry for Dutiable goods) for 8 importers.please give your Expert opinion whether we can take cenvat credit on xerox copy of bill of entry.Please give reference of Board circular/Notification/Case law if possible. Thanks - Reply By KASTURI SETHI - The Reply = Dear Sir, Will you please go through Notif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ication No.27/2015-CE(NT) dated 31.12.2015 ? Pl. read with Rule 9 (1) (d) of Cenvat Credit Rules ? - Reply By MARIAPPAN GOVINDARAJAN - The Reply = I endorse the views of Shri Kasthuri Sethi. - Reply By SHIVKUMAR SHARMA - The Reply = Dear Sir Please give your opinion Whether we can take cenvat credit on Xerox copy of Courier bill of Entry as the notification Number mentioned in your re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ply is silent on this issue. Regards. - Reply By MARIAPPAN GOVINDARAJAN - The Reply = Whether you are having original invoice or not? If original invoice is at one place and activities of taking and utilizing credit is at another place you may take the credit on xerox copies. But whenever demanded by the department original is to be produced. In case non availability of original invoice y ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ou may approach the jurisdictional Superintendent and inform the situation and got the zerox copy of the invoice certified by him and then take credit of the same. - Reply By KASTURI SETHI - The Reply = Yes. I agree with Sh.Mariapan Govindarajan, Sir. This change is effective from 31.12.15. In Courier Bill of Entry more than one persons are taking benefit of credit.Only one person can keep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in original and the remaining persons can take credit on xerox copy after getting the same certified from Customs authority. - Reply By MUKUND THAKKAR - The Reply = Dear Shivkumar, As per Board circular no 31/2007(custom) dated 29.08.2007 . it is clarified that for availment of cenvat credit on imported goods, the normal bill of entry is required to be filed by the courier and this bill o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f entry may be used by importer for taking credit. if you have received common bill of entry you are not eligible to take cenvat cerdit. - Reply By SHIVKUMAR SHARMA - The Reply = Dear Sir, As per Para 2 of Circular No.31/2007(Custom) The Customs authority is not suppose to issue separate certificate for this purpose.Please advise. Thanks with Regards. Shivkumar sharma - Reply By ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... KASTURI SETHI - The Reply = Sh. Sharma Ji, You rely on a circular rather notification ? Notification is latest. Moreover, during my posting in audit I have seen so many cases where a certificate was issued by the Customs authorities to enable a manufacturer to avail Cenvat Credit. We have never disallowed cenvat credit on a certificate issued by the Customs Authorities subject to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e actual receipt of goods/inputs and and utilization in the manufacture of final products. Books of accounts should prove these factors. There are two fundamental requirements for availment of credit--these are inputs must be duty paid and these must be utilised in or in relation to the manufacture of dutiable final products. Rest of conditions are procedural. A certificate issued by an apprais ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er is a valid document. Has Board's circular a statutory force ??? - Cenvat Credit - Query Started By: - SHIVKUMAR SHARMA Dated:- 21-12-2016 Central Excise - Got 8 Replies - Central Excise - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - 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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