Dear All,
We have paid service tax to the service provider along with the Invoice, SP not paid tax to the Department, shall we eligible to claim Input Credit.
If there is any rules / notification against this one.
Please help me out
sudheer (Accountant) (72 Points)
20 February 2015Dear All,
We have paid service tax to the service provider along with the Invoice, SP not paid tax to the Department, shall we eligible to claim Input Credit.
If there is any rules / notification against this one.
Please help me out
Vikas
(CA)
(1135 Points)
Replied 26 February 2015
Dear Sudheer,
There is no onus on the service recipient to check whether the Service tax has been paid by the service provider. There are various case laws / judgements wherein the same view has been taken.
Thus, you should be eligible to claim the said Cenvat credit.
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