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Availability of cenvat credit

sourabh rungta (Article) (61 Points)

22 August 2012

My taxable service for the different F.Y are as follows:

- F.Y-2009-10 was Rs.8lacs

- F.Y-2010-11 was Rs.12lacs

- F.Y-2011-12 was Rs.18lacs

In the previous years i had not charged any Service Tax in the invoice. Now in the current Year i.e 2012-13, i want to charge the previous liability on my client by raising a Supplymentary Invoice & deposit the same with the amount of interest & penalty to the govt. Now my client is only ready to pay such liability only if he is eligable to get its Cenvat credit. So pls help me by suggesting a proper answer that can my client can take a Cenvat credit on it.

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2 Replies

Arun Kumar Singh (GST Advocate) (15188 Points)
Replied 22 August 2012

The cenvat credit shall be taken by the provider of output service as the case may be, on the basis of a supplementary invoice, issued by a provider of output service, in terms of the provisions of service tax rules 1994 except where the additional amount of tax became recoverable from the provier of service on account of non-levy or non-payment or short-levy or short-payment by reason of fraude or collution or wilful mis-statement or suppression of facts or contravention of any of the provisions of the finance act or of the rules made thereunder with the intent to evade payment of service tax under rule 9(bb) of cenvat credit rule 2004.

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Saurabh Maheshwari (B.com,ACA) (5923 Points)
Replied 22 August 2012

Yes your client can get the Cenvat credit on the basis of Suppl Invoice issued by you, because suppl. invoice has been prescribed as a document to be gogd enough for claiming cenvat credit under Rule 9 of Cenvat Credit Rules, 2004 .