A manufacturing Company received a Purchase Order. According to this P.O.:- Mfg. Co. will send the material to M/s ABC Co.; ABC Co. have taken L/C and It will issue the 'Form C' to Mfg. Co. but ABC Co. wants to get delivered the goods to XYZ Co. directly and XYZ Co. take the Cenvat Credit; for this ABC Co. wants Mfg. Co. issue two invoices;
First- Commercial Invoice in the name of ABC Co. for the purpose of L/C and 'Form C'
Second- Excise Invoice under rule 11 in the name of XYZ Co. for the purpose of availing Cenvat credit by XYZ
My Question is:- Can it possible to issue two invoice in different name for same goods ?
If it is not possible, how can XYZ Co. availed cenvat credit?
29 September 2007
your question relates section 6(2) read with rule 12(4) of the CST Act, 1957. pl gothrough the section and you will get the answer. For detailed study pl gothrough book of Vinod k singania. the company cannot issue two invoice for a sale. One tax invoice to be issued. Also no doubt xyz co., can avail cenvat credit. write in case of doubts. thanx
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