Documents and accounts required to avail Cenvat Credit

The CENVAT credit shall be taken by the manufacturer or the provider of output service or input service
distributor, as the case may be, on the basis of any of the following documents, namely :

(a) an invoice issued by –
(i) a manufacturer for clearance of –
(I) inputs or capital goods from his factory or depot or from the premises of the consignment agent of the
said manufacturer or from any other premises from where the goods are sold by or on behalf of the said
manufacturer;
(II) inputs or capital goods as such;
(i) an importer;
(ii) an importer from his depot or from the premises of the consignment agent of the said importer
if the said depot or the premises, as the case may be, is registered in terms of the provisions of
Central Excise Rules, 2002;
(iii) a first stage dealer or a second stage dealer, as the case may be, in terms of the provisions of
Central Excise Rules, 2002; or

(b) a supplementary invoice, issued by a manufacturer or importer of inputs or capital goods in terms of
the provisions of Central Excise Rules, 2002 from his factory or depot or from the premises of the consignment
agent of the said manufacturer or importer or from any other premises from where the goods are sold by, or
on behalf of, the said manufacturer or importer, in case additional amount of excise duties or additional duty
leviable under section 3 of the Customs Tariff Act, has been paid, except where the additional amount of duty
became recoverable from the manufacturer or importer of inputs or capital goods on account of any non-levy
or short –levy by reason of fraud, collusion or any wilful misstatement or suppression of facts or contravention
of any provisions of the Excise Act, or of the Customs Act, 1962 (52 of 1962) or the rules made there under with
intent to evade payment of duty.

(c) a bill of entry; or

(d) a certificate issued by an appraiser of customs in respect of goods imported through a Foreign Post
Office; or

(e) a challan evidencing payment of service tax by the person liable to pay service tax under sub-clauses
(iii) and (iv) of clause (d) of sub-rule (1) of rule (2) of the Service Tax Rules, 1994; or

(f) an invoice, a bill or challan issued by a provider of input service on or after the 10th day of, September,
2004; or

(g) an invoice, bill or challan issued by an input service distributor under rule 4A of the Service Tax Rules,
1994.

The CENVAT credit in respect of input or capital goods purchased from a first stage dealer or second
stage dealer shall be allowed only if such first stage dealer or second stage dealer, as the case may be, has
maintained records indicating the fact that the input or capital goods was supplied from the stock on which duty
was paid by the producer of such input or capital goods and only an amount of such duty on pro rata basis has
been indicated in the invoice issued by him.

The manufacturer of final products or the provider of output service shall maintain proper records for
the receipt, disposal, consumption and inventory of the input and capital goods in which the relevant information
regarding the value, duty paid, CENVAT credit taken and utilized, the person from whom the input or capital
goods have 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.

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.

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:
Provided that where a 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 twenty days after the close of the quarter to which the return relates.
(8) A first stage dealer or a second stage dealer, as the case may be, shall submit within fifteen days from the
close of each quarter of a year to the Superintendent of Central Excise, a return in the form specified, by
notification, by the Board.

The provider of output service availing CENVAT credit, shall submit a half yearly return in form specified, by
notification, by the Board to the Superintendent of Central Excise, by the end of the month following the
particular quarter or half year.

The input service distributor, shall submit a half yearly Statement, giving the details of credit received and
distributed during the said half year to the Superintendent of Central Excise, by the end of the month following
the half year.

Leave a Reply