201602.09
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Cenvat Credit can be allowed on Computer Generated invoices bearing no signature

Issue Whether Cenvat Credit can be  availed on the basis of computer generated invoices bearing no signature but  a declaration that  “This computer generated paper does not need signature”. Dispute Revenue disputed that the computer generated invoices bearing a declaration “This computer generated paper does not need signature”  are not valid documents to avail cenvat…

201602.05
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Cenvat Credit is admissible on sales promotion , It Will Have Retrospective Application

Cenvat Credit is admissible on  sales promotion which includes services by way of sale of dutiable goods on commission basis . The notification no. 02/2016-C.E(N.T) inserts an explanation  in clause (l), after sub-clause (C) of Rule 2 of Cenvat Credit Rules,2004. The Explanation is reproduced herein below : For the purpose of this clause, sales promotion includes…

201512.21
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Admissibility of Cenvat Credit on Service Tax Paid on Sales Agency Commission Service

Recently , minutes of Tariff Conference held on 28th and 29th October, 2015-reg. was released by CBEC under Instruction No. F.No.96/85/2015-CX.I dated 07.12.2015. CBEC has released this compliation which consists of various issues that has cropped through out different Commissionerates and discussions cum decisions taken on them accordingly Amongst various discussions , Meerut Commissionerate has…

201510.30
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E.Cess and S&HE Cess on inputs/ input services & C.G allowed to be utilized for payment of service tax

The Cenvat Credit Rules, 2004, has been amended to allow the utilisation of cenvat credit of Education Cess and Secondary and Higher Education Cess , paid on inputs/input services and capital goods,towards the payment of service tax . The amendment has been brought by notification No. 22/2015-C.E(N.T) Notification No. 22/2015-Central Excise (N.T.) New Delhi, the…

201505.08
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Cenvat Credit in transit sale through Dealer – Registration Dilemma Ended

Circular No. 1003/10/2015-CX Dated 05.05.2015 F.No.267/29/2015-CX-8 Government of India Ministry of Finance Department of Revenue Central Board of Excise and Customs ************ Sub: Clarification regarding Cenvat Credit in transit sale through dealer – reg. Kind attention is invited to Notification No. 8/2015 – Central Excise (NT) dated 1-3-2015 amending Central Excise Rules, 2002 (CER). Representations…

201505.05
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Duty assessed at the supplier unit, cannot be challenged by the officers of recipient unit

Issue The assessees other unit sent them the inputs as such, on payment of duty under transaction value. The respondent availed credit on the inputs accompanied with the Central Excise invoices. The adjudicating authority observed that the supplier of the inputs should have paid duty on the amount, they initially availed the credit Pleaded Shri…

201505.02
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Unutilised Cess as on 28.02.2015 Versus Notification No. 12/2015 – C.E (N.T) dtd 30.04.2015

The Notification No. 12/2015-C.E(N.T) has created a havoc in the industry as to what to do with the unutilized Cess lying as on 28.02.2015 i.e before 01.03.2015. Before attempting on this issue , I must share that the sole intention behind issuance of this notification had been only for allowing utilization credit of unutilized cess…

201505.01
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Credit of Education Cess and Secondary and Higher Education Cess Can Be Utilised For Payment of duty of excise

Finally, the fate of unutilised Education Cess and Secondary and Higher Education Cess lying in balance has been decided . I had taken categorically in my article published in E.L.T on page A 211 in Part 4 of Vol.318 (April 2015 ) that I strongly feel that a specific provision shall be made for its…