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...........
25 Replies
CA Amit Kumar Khaitan
(Research Analyst)
(360 Points)
Replied 20 May 2010
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
CA Maninder
(CA)
(44 Points)
Replied 20 May 2010
No service tax credit wont be available until tax paid
CA LOVELY ARORA
(C.A. B.Com (H) Graduate)
(2151 Points)
Replied 20 May 2010
no service tax credit unless amount actually paid............
SUDHIR & PRADEEP JI
(CA FINAL+LLB + DISA)
(2299 Points)
Replied 20 May 2010
no service tax, untill it has been paid
kantijain
(Chartered Accountant in Practice)
(385 Points)
Replied 21 May 2010
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
Piyush Tanwar
(Assistant Manager - Accounts)
(1432 Points)
Replied 21 May 2010
No.....Service Tax cn't be claimed on due basis....!
it can be claimed to extent it has been actually paid...!
Rajat Mahajan
(CA Final Student)
(71 Points)
Replied 21 May 2010
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.
Ashok kumar
(CA Final)
(587 Points)
Replied 21 May 2010
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
CA.AMAR MOHAPATRA
(MANAGER-INDIRECT TAX)
(665 Points)
Replied 21 May 2010
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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