Service tax under rcm

Darshan Dodiya (Student CA Final ) (392 Points)

11 April 2013  

Hello sirs...

please help me decide whether in the following case Cenvat credit is available or not..??

"Co. X has received manpower supply service from Mr. Y on 01/08/2012 for Rs. 160000 on which ST payable by SP is shown in the bill @ 3.09% and co. is liable to pay ST @ 9.27% under RCM. Now if company pays amount to Mr.Y, lets say on 15/4/2013 i.e after six month of date of invoice and pays the ST liability under RCM along with interest as per POT rules,2012 on 5/4/2013. Now help me whether the company can take credit of ST so paid under RCM..??"

It would be better if you could refere me some notification or article on the same...