As per amended rule 4 of the CENVAT Credit Rules , 2004, now manufacturer of a final product or provider of output service need to take cenvat credit within SIX months from the date of issue of any documents as specified in sub rule (1) of rule 9 of the CENVAT Credit Rules.
As per Rule 9(1) of the CENVAT credit rules , following documents are eligible to take cenvat credit:-
As per Rule 9(1) of the CENVAT credit rules , following documents are eligible to take cenvat credit:-
(a)
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an invoice issued by-
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(i)
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a manufacturer for clearance of -
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(I)
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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; |
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(II)
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inputs or capital goods as such;
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(ii)
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an importer;
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(iii)
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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; |
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(iv)
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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
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(b)
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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.
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Explanation.- For removal of doubts,
it is clarified that supplementary invoice shall also include challan or any
other similar document evidencing payment of additional amount of additional
duty leviable under section 3 of the Customs Tariff Act; or
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(c)
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a bill of entry; or
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(d)
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a certificate issued by an appraiser of
customs in respect of goods imported through a Foreign Post Office; or
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(e)
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a challan evidencing payment of service tax
by the person liable to pay service tax under sub-clauses (iii), (iv), (v) and
(vii) of clause (d) of sub-rule (1) of rule (2) of the Service Tax Rules,
1994; or
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(f)
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an invoice, a bill or challan issued by a
provider of input service on or after the 10th day of, September, 2004; or
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(g)
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an invoice, bill or challan issued by an
input service distributor under rule 4A of the Service Tax Rules, 1994.
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Provided that the credit of
additional duty of customs levied under sub-section (5) of section 3 of the
Customs Tariff Act, 1975 (51 of 1975) shall not be allowed if the invoice or
the supplementary invoice, as the case may be, bears an indication to the
effect that no credit of the said additional duty shall be admissible;
