A company incorporated on 23/12/2010 and the activities started from 01/12/2011. It took service tax registration on 22/12/2011.Is CENVAT credit avalaible for the input before 01/12/2011 for both input services and capital goods.
6 Replies
Ankita Benegal
(CA Final)
(66 Points)
Replied 05 April 2012
CENVAT credit will be available from the date ST registration is available.
CA. Rachna Parashar
(partner)
(196 Points)
Replied 06 April 2012
Can you give me any notification in support of your answer.?????
saikiran
(CA)
(96 Points)
Replied 06 April 2012
Dear Rachna,
In my view, you can avail cenvat credit for the input service tax befor registration. As there is no such restriction in the cenvat credit rules and cenvat credit is available on the services used for providing services and it may be obtained before registration also.
I suggest you to inform such availment to the concred service tax authority while filing first half yearly return.
CA. Rachna Parashar
(partner)
(196 Points)
Replied 11 April 2012
The assessee has stated activities from december 2011, no exemtion benifit has been claimed then will it be able to take cenvat credit of input in the half year return ended on 31/03/2012 regarding basic expenses such as telephone, internet etc of the period from incorporation ie. dec 2010 even though it has not started activities and also not taken service tax registration and what about the capital items for which direct nexus can be made puchased during this tenure.Answer me specifically for both capital and input services.
Assessee took service tax registration on 22/12/2012
it is providing forward contract services
If there is any notification or case law in support of your answer the refer the same for me.
please its urgent !!!!!!!
Dilip Darji
(392 Points)
Replied 12 April 2012
Dear Sir.
Availment of CENVAT Credit and utilisation of CENVAT Credit are two different aspect.
You can avail CENVAT Credit before obtaining Central Excise/Service Tax Registration.
But you can utilise CENVAT credit only after obtaining Central Excise/Service Tax Registration.
Just indicate the particulars in your return and maintsain proper records.
You must have proper documents to avail CENVAT Credit.
Regards.
DILIP DARJI.
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