Can we claim cenvat of service tax paid(rcm)

Valerian Dsouza (Manager Audit & Taxation)   (413 Points)

02 November 2012  

Client is Pvt Ltd  Company, availed office renovation services from a Proprietory concern having  VAT - work contract & Service Tax registration.

On bill, Service provider charged service tax/VAT  as follows:

Net   Bill                           1,00,000/-

Material components       50,000/-  VAT charged

Service Components        50,000/-

S.T. charged on 50%  i.e. 25,000/-   Rs.3090 ( service tax)

Client company paid the contractor for the bill amount including VAT & S.T. in October, 2012

Now, I presume, Client Company has  to pay Rs.3090/- (RCM)  before 6-11-2012

Question: 

1. Can the Client Company claim Cenvat Credit of Rs.3090/- charged by Contractor & paid by the Company

   to contractor, against their other tax liability before paying the S.T. on 6.11.2012

2. Can the Client Company claim CENVAT of Rs.3090/- (RCM) paid by them on 6-11-2012, if yes then when ?

Seeking kind advice .

Thank you so much

Valerian DSouza