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Cenvat credit on service tax

sneha (Chartered Accountant) (101 Points)

04 January 2012

can cenvat credit be claimed in period other then, when it is actually incurred????

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6 Replies

Mallikharjun (Deputy Manager) (304 Points)
Replied 05 January 2012

There is no time limit for availing cenvat credit. you can claim cenvat credit at a latter point of time after receiving service

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CA Prabhat Gupta (Manager (Indirect Taxes)) (821 Points)
Replied 05 January 2012

Agree with above. No limitation of time has been given in CENVAT Credit Rules. It can be utilised at any time after availment. Even availment can be postponed as Amended Rules only specify the point when Credit is available for availment, availment of credit is not possible before this point but it is possible vica versa.

U S Sharma (glidor@gmail.com) (21063 Points)
Replied 05 January 2012

cenvat credit is available on later days but not after the close of financial year,

in certain cases where the assesee has booked the service tax component under expenses, then such credit would not be available for forthcoming year, ensure your credit before finalization of accounts for the year concerned, as later on such credits are barred as unjust enrichment.

suresh gannamani (partner P.S.Kumar Associates) (25 Points)
Replied 14 March 2012

My company does not have servicetax registration because we have stay petition from the court regarding applicability of service provided by my company (Production of Feature Films). but my company raised Service tax Invoice to Matelivisions Pvt Ltd for sala of satillite rights. with this back ground Is my company have the right to collect that service tax and deposit it into central govt. account