Registration of importers to issue CENVAT Invoices – Board seeks opinion, view and comments

By Vijay Kumar

Representations have been received from trade and industry for reintroducing the facility of endorsement of Bill of Entry to facilitate passing on of cenvat credit. This request has been received from importers who intend to transport the imported goods in full or part from the port of import to their customers or to their job worker for further purposes.

Board notes:-

Endorsement of bill of entry is not permissible as per the present provisions of law. Moreover, the said practice is also not in consonance with the present policy of cenvat credit where credit is allowed on the basis of an invoice or other document which carry the registration number of the seller. Rule 9(1)(ii) of the CENVAT Credit Rules, 2004, provides that invoice issued by an importer is a valid document for taking cenvat credit.

Further, it has been pleaded by some of the importers that there is no specific provision in the law which mandate the importer to take Central Excise registration. In this connection, it has been noticed that in the erstwhile Central Excise Rules, there was a specific provision for allowing credit on an invoice issued by an importer registered with the Central Excise Officer. In order to avoid confusion, it is proposed that relevant provisions in the CENVAT Credit Rules may be amended to specifically provide that an invoice issued by an importer registered with the Central Excise Officer, would be a valid document for availing cenvat credit.

Chief Commissioners and Commissioners are requested to bring the contents of this communication to the notice of trade and industry to seek their views.

Trade & Industry and the field formations are requested to give their opinion, view and comments on this proposal. On receipt of the views, a final view would be taken by the government.

So the Board wants opinion, view and comments by 31 st October, 2009 to be sent to amishkumargupta@gmail.com or faxed to faxed to Ms. Hemambika R. Priya, Director (CX-6&8) at 011-23092867