20 December 2010
We are engaged in Works Contract Services, and registered under ST Act on 11.12.2008 but we started our activity on 1-6-2007 itself. Whether we can claim input tax credit for the period prior to 11.12.2008(Date of Registration)
20 December 2010
In a recent judgment, the tribunal has taken a prime facie view that registration and cenvat credit are different issue. Faliure to take registration does not disentitle the service provider from claiming Cenvat. The Cenvat Credit Rules no where states registration as a pre condition to avail cenvat credit.
In my view, you are eligible for the Cenvat Credit wef 01.06.2007.
CAclubindia
