Clarification regarding rule 4(7) of Cenvat Credit Rule,2004

Sameer (.) (252 Points)

03 November 2009  

Dear Experts,

As per Rule 4(7) of Cenvat Credit  Rules , 2004 Service tax credit can be avalied only after payment of value of input service and the service tax payable on it.

Now Query is : -

Company A procures raw material from Company C and sends the  material for Job Work to Company B (Job Worker),  Due to some business requirements Company A asks Company C to deliver the material Directly to Company B (to the Job worker). 

After the above transction,  Company B (the Job worker) raises bill for job work charges.  And Company A while making payment to the Company B (job worker ) pays 50 % in CASH and Balance 50 %,  it adjusts against the material directly supplied by Company C.   Whether this book adjustment (payment by way of book adjustment) will amount to payment made as per Rule 4 (7).

If yes, some body can please through light on this issue. supported by some judgements  etc.

 

Regards

Sameer