Cenvat credit on service tax

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

27 September 2012 Dear Sir,
we are service provider company. we have purchase some capiltal goods with excise duty bill & received serivice tax bill. but by mistake,our emplyees was forgot to booked excise duty & service tax bill. bill date 20.09.2009, 12.01.10,15.12.2008. we can booked this bills in 2011-2012 & get CENVAT credit avialment. so please reply me

U S Sharma

U S Sharma (Expert)
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27 September 2012 not possible,

as these period accounts are finalized, and the cap goods are capitalized including the ED, on which depriciation is availed,

this type of availment is not permitted under unjust enrichment.

Querist : Anonymous

Querist : Anonymous (Querist)

28 September 2012 NO, WE HAVE NOT TAKEN DEPRECIATION AVAILMNET, SO WE CAN BOOKED THIS BILLS IN 11-12.

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Querist : Anonymous

Querist : Anonymous (Querist)

28 September 2012 NO, WE HAVE NOT TAKEN DEPRECIATION AVAILMNET, SO WE CAN BOOKED THIS BILLS IN 11-12.

U S Sharma

U S Sharma (Expert)
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28 September 2012 ask your auditor, if he can revise the records and balance sheet/ incometax and other returns, then you can discuss the matter with Range superintendent of service tax, and avail credit.

yearly records once finalized, its tough to change the records afterwards, but if your CA can do it for yourself then you may take chance, however success ratio is not sure.

CA Suresh Jain

CA Suresh Jain (Expert)
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29 September 2012 please send the detail of bills which have not been booked with date items and value of goods, service tax, VAT, ED etc. and reasons for not booking the bills. whether bills paid etc.to sureshjain.nj@gmail.com to reply suitably.