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Claim of cenvat

This query is : Resolved 

31 January 2015
IF particular supplier / Party Raise a Bill
Amount :100
+ST :12.36
Tota :112.36

In above case if we pay them Service Tax 12.36 with in month and Bill Rs. 100 Payment may be more than 90 Days.

Can we claim Cenvat after payment of ST in next month.

31 January 2015 Dear Molin,

As per wording of provision of CCR 2004,cenvat credit taken would be reversed if payment of value of service and service tax not paid within 3 months from the date of invoice. Thus in your case you would be required to pay amount of CENVAT credit availed after 3 months.

I hope above is sufficed. Your valuable feedback in respect of same would be highly appreciated.

(Disclaimer: The above reply has been prepared as per various provisions of Finance Act 1994, notifications issued thereunder and relevant case laws etc. The reply may not be entirely correct for reader to reader due to different interpretations by different readers. The readers are advised to take into the consideration the prevailing legal position before acting on any of the comments in this reply. We shall not be responsible for any loss caused based on this interpretation.)

03 February 2015 Dear Puneet Goyal Thanks for the Reply.






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