Cenvat Credit

This query is : Resolved

Gourav Mehta (Querist)
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21 April 2009 Hello Freinds

In our case we had been paying Full Service Tax since 2007-08, without claiming any input credit of service tax and also not showed it in the return filed.

Now, on scrutiny we reveal this mistake. So, what remedial measures we can take while filing return of 2008-09.

Which perioud credit can we claim in this return.

Whether we have to file a revised return and if so then upto what perioud a revised return can be filed.

Thanks in anticipation

Gourav Mehta

Brij Bhushan Sangal

Brij Bhushan Sangal (Expert)
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21 April 2009 return of service tax can be revised upto 90 days of orignal return and input credit return can be revised upto 60 days. if this fulfill i your case you can. otherwise no remides.

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CA.Hanumantha Reddy

CA.Hanumantha Reddy (Expert)
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21 April 2009 In my view even if you have not availed the CENVAT credit in the earlier years/ returns the same can be claimed now. Further, the due date for revising earlier return would be as same as stated in the above commentary by the expert.

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SIDDHARTHA SANKAR ROY

SIDDHARTHA SANKAR ROY (Expert)
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21 April 2009 There in no limitation for availment of CENVAT credit nowadays. You can pay your current liability by utilising CENVAT credit accumulated over the years provided all other conditions of qualifying as input, input services & capital goods are met. In my view there in no need for filing any revised return.