Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
CENVAT Credit Allowed on Dealer-Issued Invoices: CESTAT Clarifies Importer Registration Not Mandatory
The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has ruled that CENVAT credit can be claimed based on invoices issued by a dealer, and it is not mandatory for the importer to be registered with the tax department for this purpose. The tribunal clarified that as long as the dealer's invoice contains all the prescribed details and the goods are eligible for credit, the credit cannot be denied to the end-user. The department had contested the claim, arguing that the importer who first brought the goods into the country was not registered. However, the CESTAT held that the registration of the first-stage dealer or importer is not a condition for the subsequent buyer to avail the CENVAT credit. This ruling simplifies the CENVAT credit chain and ensures that businesses are not penalized for the procedural non-compliance of their suppliers.