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Tax queries 1749 views 25 replies

can an assessee can claim the service tax input against his service tax charged on due basis.......i.e without paying bill on which service tax is charged...........

Replies (25)

No Sir.... service tax input is allowed only to that extent up to which such tax has actually been paid by the person who availed the service.. Please refer Rule 3 of Cenvat Credit Rules, 2004

I think ...he can claim the input ...just wait for some more replies...

No service tax credit wont be available until tax paid

no service tax credit unless amount actually paid............

no service tax, untill it has been paid

Cant be claimed

Nope....

absolute no

Dear Shushanth Singhal,

I totally agree with Amit KK views. One of the criteria for taking service tax credit is that payment should have been made to service provider. In case of part payment, pro-rata credit is available.

Regards

Kanti Jain

 

No.....Service Tax cn't be claimed on due basis....!

it can be claimed to extent it has been actually paid...!

No credit can be booked unless payment is made,if u make proportional payment ,proportional CCR will be available as per Rule 4(7) of CCR,2004.

Service tax always paid to the department on receipt basis and not the accural basis. what ever the amount received by the assessee from his client as service tax he should pay the same to the department after adjusting the input credit.

so the assessee cannot claim input credit on the unpaid bills

Yes u r correct Mr Ashok Kumar

ACCORDING TO RULE 4(7) OF CENVAT CREDIT RULES 2004 The CENVAT credit in respect of input service shall be allowed, on or after the day which payment is made of the value of input service and the service tax paid or payable as is indicated in invoice, bill or, as the case may be, challan referred to in rule 9. 


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