Supreme Court: Parents’ Loss Cannot Be Measured With Arithmetical Precision  ||  Supreme Court: Registered Sale Deed Remains Valid Despite Minor Attestation Discrepancies  ||  Calcutta High Court: Section 107 BNSS Property Attachment Cannot be Used as a Recovery Tool  ||  Ker HC: Elected Representatives Must Swear by God or Affirm, Cannot Invoke Specific Deities in Oath  ||  Rajasthan High Court: Ward Delimitation Must Rely on Population, Not Voter Count  ||  SC: Readiness for Agreement Execution Must be Proven From Agreement Date, Not Only After Suit Filing  ||  Supreme Court: Long Gap Without Similar Criminal Conduct May Mitigate Sentence  ||  Supreme Court: Loss of Right Leg Constitutes 100% Functional Disability for a Mason  ||  Del HC Orders Fresh All India Tennis Association Elections by Sept 30, Sets Timeline for Amendments  ||  Bombay High Court Permits 26-Week Pregnancy Termination Due to Fetal Anomalies, Financial Hardship    

Dknv Engineering Pvt Ltd vs. Commissioner of Central Excise & ST - (Customs, Excise and Service Tax Appellate Tribunal) (13 Jun 2022)

Availment of credit on the strength of photocopies of the invoices is a procedural lapse and cannot be made the basis to disallow the credit

MANU/CS/0138/2022

Service Tax

The limited issue involved in the present case is that the Revenue denied Cenvat credit availed on the strength of Xerox copies of the purchase invoices.

Learned Superintendent (AR) appearing on behalf of the Revenue reiterates the findings of the impugned order and submits that the Appellant was supposed to take Cenvat credit on the original copies of the invoices, therefore, the Department has rightly denied the credit availed on photocopies.

The credit was denied only on the basis that Appellant failed to produce original copy of invoices. However, there is no dispute as regards the purchase of goods and use thereof in the manufacture of final product. The goods are entered in the purchase accounts and therefore, purchase of goods, receipt and use thereof in the manufacture of final products is not disputed. Merely because the original copy of invoice is not available, it cannot alter the important criteria of availing the credit when it is satisfies other criteria.

It is settled that, availment of credit on the strength of photo copies of the invoices is just a procedural lapse and cannot be made the basis to disallow the credit. In the absence of any evidence that appellant had not received the goods, credit cannot be denied. Therefore, reasons for denial of credit are not sustainable. Accordingly, the impugned order is set-aside. Appeal allowed.

Tags : CENVAT CREDIT   DENIAL   VALIDITY  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved