Cenvat credit on bill of works contractor

DIPAL SHAH (PROPRIETOR) (61 Points)

09 September 2011  

ASSESSSEE HAS RECEIVED WORKS CONTRACT BILL ON WHICH SERVICE TAX WAS NOT LEVIED. ASSESSEE MADE THE PAYMENT TO SUCH PARTY WHO HAS NOT APPLIED SERVICE TAX ON SUHC SERVICES. AFTER TWO YEARS, THE CONTRACTOR RECEIVED A SERIVCE TAX NOTICE ASKING FOR PAYMENT OF SERVICE TAX. CONTRACTOR MADE THE PAYMENT OF SERVICE TAX AND NOW  THE SAME HAS CHARGED TO ASSESSEE.

QUESTION IS CAN ASSESSEE AFTER MAKING PAYMENT OF SUCH SERVICE TAX TO CONTRACTOR, CAN CLAIM CREDIT OF SUCH SERVICE TAX PAID IN HIS RETURN OF SERVICE TAX ?