Can we take service tax input credit for an invoice dated 1.10.2015 now ?
CA.Madhvacharya Galagali
(Senior Manager - Finance )
(90 Points)
Replied 24 March 2017
Rule 9(1) of credit rules state that credit can be availed within 1 year from the date of issue of any of the below documents:
1. Invoice issued by a manufacturer, importer, first stage dealer;
2. Supplementary invoice by supplier-manufacturer or service provider, except where such payment was on account of fraud, suppression of facts etc.
3.Bill of entry;
4. A certificate issued by an appraiser of customs in respect of goods imported through a Foreign post office;
5. A challan evidencing payment of Service tax, by the service recipient as the person liable to pay Service tax;
6. An invoice, a bill or challan issued by a provider of input service on or after the September 10, 2004;
7. An invoice, bill or challan issued by an Input Service Distributor under Rule 4A of the Service Tax Rules.
In your case it cannot be availed since already 2 years have lapsed.
Landmark Judgments: Important Provisions of the EPF & ESI Act interpreted by the Honorable Supreme Court of India