08 June 2010
I have filed an Original Return for F.Y.2008-09 & 2009-10 under wrong head and not taken a CENVAT credit also in such return. The time elapsed is two years now i come to know my mistake and want to revise the return under right head for both the years and take CENVAT credit.
08 June 2010
Return could be revised only if the same has been filed with in the limit prescribed in section 139(1).
Return could be revised at any time before the expiry of one year from the end of the relevant assessment year or before completion of assessment, whichever is earlier.
In your case you could not revise the return of 2008-09 due to revision time 31.03.2010 has been lapsed.
But you can revise the return of 2009-10 upt 31.03.2011.
There is no provision in the law for revision of service tax return beyond 90 days from the date of filing of service tax return.
With respect to your question Cenvat credit, there is no-time limit for availing Cenvat credit and you can avail Cenvat credit. However, this position could be litigated at lower authorities.
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