CAN A COMPANY CLAIM SERVICE TAX INPUT EVEN THOUGH THE SAME HAS NOT BEEN CLAIMED IN ITS SERVICE TAX RETURN . THE INPUT IS ONLY CARRIED FORWARD IN ITS BALANCE SHEET BUT THE SAME HAS NOT CLAIMED IN THE HALF YEARLY RETURN FILED.
S. MURALI
MURALI SRINIVASAN (INTERNAL AUDITOR) (76 Points)
27 October 2010CAN A COMPANY CLAIM SERVICE TAX INPUT EVEN THOUGH THE SAME HAS NOT BEEN CLAIMED IN ITS SERVICE TAX RETURN . THE INPUT IS ONLY CARRIED FORWARD IN ITS BALANCE SHEET BUT THE SAME HAS NOT CLAIMED IN THE HALF YEARLY RETURN FILED.
S. MURALI
VIKAS SINGHAL
(CA)
(30 Points)
Replied 27 October 2010
As per my knowledge, ST credit can be claimed at any point of time subject to the condition that payment has been made against that service, there is not time limit fixed under the Finance Act up to which we can claim service tax credit. so i guess u can claim ST credit on later date also.
Madhukar N Hiregange
(Chartered Accountant)
(39034 Points)
Replied 28 October 2010
Mr. Singal is right the substnative right to credit cannot be denied. Tribuanl decisions also support credit for past periods as long as the credit is eligible.
Mushak shareef
(eFiling Consultant)
(144 Points)
Replied 05 November 2010
Dear all
But if the company deals the both ie. Taxable service and exempted service it can claim the proportionate amount as input credit. input credit * taxable service / total value of services.
Live class on PF & ESI Enrollment & Returns Filing(with recording)
CAclubindia
