02 February 2016
Dear sir, we are public limited company. our MD was paid membership fees for business solution and he bought the invoice in his name with company address. my question is that service tax is eligible for cenvat credit or not eligible to the company.
02 February 2016
CENVAT Credit Rules 2004 (as amended) provides for documents to claim CENVAT Input Credit. The Input document should be a tax invoice issued by the service provider should contain the name and address of the service recipient, the nature of service rendered, the basic amount and duty amount separately and the STC number of the Service Provider. In your case the Input documents are not in the name of the service recipient i.e. your company and hence CENVAT credit on this transaction is not admissible.