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Cenvat credit availment & utilization

Varun (CA Final) (25 Points)

08 October 2015

Situation :
XYZ Ltd provided erection & commissioning Service on 1/4/2014 to ABC Ltd and raised Invoice on 1/4/2014 by Charging ST to ABC Ltd. XYZ Ltd. consequently paid the Output Service tax.
Now, ABC Ltd's Purchase Department did not submit the bills to the finance dept due to some circumstances, as a result the Purchase was not booked and so, CENVAT was not availed.
Can XYZ Ltd. avail CENVAT today (Oct 2015) ?
What can be done by either party so as to make CENVAT Credit available to XYZ ?

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2 Replies

vinayak (-) (1 Points)
Replied 08 October 2015

Yes, you can take.

Limit of 6 Months was introduced with effect of 1/10/2014 and therefore applies to invoices issued after that date.

Varun (CA Final) (25 Points)
Replied 08 October 2015

So then, is it, the six months rule (now 1 year) shall be from 1-10-14. i.e can ST be claimed after six months from 1-10-14 (31/3/15) if the Purchase invoice is before 1-10-14. ?