urgent

Page no : 2

(Guest)

 

Centvat credit Rule 4(7) stipulates that tax credit in respect of input service shall be allowed on or after
the day on which payment is made to the input service provider for the service provided.    
                   
this is an important condition which must be noted.          
                   
tax credir can be taken by output service provider at the earliest only       
on the date on which he settles the bill of the input service provider      
and even then take credit only for the amount of service tax        
, education cess and SHEC on taxable services          
indicated in that bill,or invoice,or challan as the case may be.        
                   
                   
Regards                  
                   
K.Ilayaraja                
                   


(Guest)

Dear,

Please refer the below mentioned link………….

 

https://www.dateyvs.com/service01.htm

 

Cenvat Credit

 

Service provider can avail Cenvat credit of service tax paid on input services and excise duty paid on inputs and capital goods. The credit can be utilised for payment of service tax on output services.

Definition of input service is wide. Any service in relation to business is ‘input service’.

Credit can be availed on basis of proper and complete specified original duty paying documents.

If assessee is providing both taxable and exempt services and if input services are common, Cenvat credit can either be taken on proportionate basis or 8% ‘amount’ is required to be paid on exempted services.

 

 

Regards

K.ilayaraja


Rekha (MANAGER - FINANCE & ACCOUNTS)   (1445 Points)
Replied 21 May 2010

no.. credit cannot be claimed unless it is paid.


CA. NIRMAL SINGH (PROPRITOR) (157 Points)
Replied 21 May 2010

NO, CREDIT OF SERVICE TAX CAN BE TAKEN ONLY AFTER MAKING PAYMENT


ACMA Ayan Paul (Analyst-Corporate Rating at CARE Ratings)   (284 Points)
Replied 21 May 2010

same rule applies to Input credit as output....like you are liable to pay tax on receipt basis same as you can take input credit on payment basis....service basically follows the Cash basis...not accrual basis...if you have paid partial amount then you can take only proportional amount to the extent bill amount paid.



Jagdish Bhalia (Practicing CA) (453 Points)
Replied 21 May 2010

Service tax credit could be taken only after payment of bill. In case of part payment pro-rata credit will be taken.


sandeepverma (don't make exuse for study)   (304 Points)
Replied 21 May 2010

no


Nitin Grover (CS) (1228 Points)
Replied 21 May 2010

Dear Friends

If Assessee dont pay Service Tax which he has collected i.e pay only on paid basis than how he can claim on due basis.

So, He cant Claim due input tax

 

Regards


CA Punit (CA) (1775 Points)
Replied 21 May 2010

Agree wit all...

This is due to the basic diff between Tax & Duty

Duty is at first to be levied, paid & then collected,,

while tax is first to be charged, collected & then paid to the credit of govt.

So in case of duty credit is allowed as its payment to govt. is presumed

but in case of service tax, it is not deposited wit govt. unless the bill is paid so no credit on due basis.


pallav vasavada (STUDENT) (96 Points)
Replied 22 May 2010

NO YOU CANNOT CLAIM IF NOT PAID, 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.



CA IN PRACTICE... ( CA ) (490 Points)
Replied 22 May 2010

thanks for information



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