Previous year service tax credit

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CHANDAN (Querist)
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17 February 2016 CAN WE CLAIM SERVICE TAX FOR THE PREVIOUS LAST 3 YEARS.

IN CASE OUR NEW REGISTRATION IN SERVICE TAX IN CURRENT FINANCIAL YEAR.

IF WE HAVE PAID THE SERVICE TAX OF LAST 3 YEARS IN CASE CAN WE TAKE CREDIT OF SERVICE TAX IN CURRENT FINANCIAL YEAR.

Suresh Ramaswamy

Suresh Ramaswamy (Expert)
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17 February 2016 CENVAT Credit Rules applies to assessees who are either registered with Central Excise Department or Service Tax Department. If a person is not an assessee the provisions of Central Excise Act or Finance Act 1994 (Service Tax Act) and the rules made there under is not applicable to a person.

You registered with the authorities in the current financial year, so prior to the current financial year, the Provision of Finance Act 1994 and various Rules made there under / under Central Excise Act (CENVAT Credit Rules) were not applicable to you. Therefore you are not entitled to take any benefits available to assessees prior to your registration.

The reply therefore s NO YOU CANNOT TAKE CENVAT INPUT CREDIT FOR THE THREE PREVIOUS YEARS IN THE CURRENT FINANCIAL YEAR.