Petition Seeking Three Year LL.B Course After 12th Standard, Refused by Supreme Court  ||  SC: Sessions Judge has Power to Issue Process Against Accused in Offences Under IBC, 2016  ||  Principles to be Followed by Appellate Court While Reversing Acquittal, Restated by Supreme Court  ||  SC: App. Seeking Permission for Public Gatherings During Lok Sabha Elections to be Decided in 3 Days  ||  SC: Case to Proceed as Pvt. Complaint if Cognizance of Additional Materials Taken With Protest Petiti  ||  SC: Investigating Officer Must Narrate Statement of Accused to Prove Disclosure Statement  ||  SC: Rs. 5 Lakh Cost Imposed on Wife’s Father for Lodging Fake Cases at Diff. Places Against Husband  ||  8 Weeks Time Given to UP Govt. to Consider Need for Guidelines on Invocation of Gangsters Act  ||  SC: Writ Petitions Should be Dismissed by HCs if Petitioner Guilty of Delay or Laches  ||  Del. HC Directs Dept. to Remove Demands From ITBA Portal as it Fails to Comply with ITAT's Order    

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 2024 - All Rights Reserved