Cenvat credit accumulated before service tax registration

This query is : Resolved

Guest

Guest (Querist)

10 July 2014 Respected expert,
i wnt to ask under which law of provision or case law cenvat accumulated before service tax registration can availe please help me.

Annu Agarwal

Annu Agarwal (Expert)
Follow

10 July 2014 As per your query it means that you were not registered under servicetax and were nither payig service tax,may be because your turnover didint exceeded 10,00,000/-.

As per notifiction no.33/2012 clause 2(iv),the provider of output service can take Cenvat credit of only those inputs or input services received on or after the date on which service provider starts paying service tax.

Therfore you cannot utilize the cenvat accumulated befor service tax registration.

Guest

Guest (Querist)

10 July 2014 NO SERVICE PROVIDED WAS MORE THAN 1000000

Upgrade to CAclubindia Pro. Subscribe Now!

Annu Agarwal

Annu Agarwal (Expert)
Follow

10 July 2014 Ok.Then you need to first get registered under service tax and pay service tax and then you can use cenvat credit.
Please refer to below link.
http://www.servicetax.net/doyouknow/dyns_150.pdf

Guest

Guest (Querist)

10 July 2014 Thank you very much for your reply,i want to ask which provision or case law is supplementry to it and i would have to ask that what is in case of real estate developer

Annu Agarwal

Annu Agarwal (Expert)
Follow

10 July 2014 CESTAT, AHMEDABAD BENCH

C. Metric Solution (P.) Ltd.

Versus

Commissioner of Central Excise

Guest

Guest (Querist)

10 July 2014 yes but i want case or provision related to real estate.