Pavan (Manager) (80 Points)
03 June 2010Can a company avail Cenvat Credit in respect of service tax paid in repect of input services received, provided the invoices are not present on the name of the company,. Company only pays for the services. But invoice is on the brand name which is not not owned by it?
As far as I Know , the company cannot avail the credit becoz for availing cenvat credit -invoices should be on the company's name. But I am unable to locate the relevant provision or rule which states the rule.
Madhukar N Hiregange
(Chartered Accountant)
(39034 Points)
Replied 03 June 2010
The usage of the service whether for the business or for provding the taxable service wouldbe relevant. It would ahve to be proved. Also the other person should not havce availed the credit of the same. If substabtial letter to dept expalining the same maybe sent and their confirmation requested.
In many cases in central excise allowed when proved.
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