Cenvat credit

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hitesh sharma (Querist)
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10 April 2012 My client is a Bank and it has rental premises.
In Financial Year 2009-10 the landlord did not charge Service tax on the Rent due to high court order.
In the Financial Year 2011-12 the landlord give a letter to pay additional payment towards arrears of service tax for 2009-10 and the bank paid so in 2011-12.

"Now the question is cenvat credit for service tax paid for 2009-10 in 2011-12 will be available to the bank in 2011-12"

Dilip Darji

Dilip Darji (Expert)
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11 April 2012 Dear sir.

If Bank has been paying Service Tax during 2009-10, yes, Bank can very well avail CENVAT Credit. Landlord need to raise supplemewntary bill, indicating rates to be charged (inclusive of Service Tax) less rate already charged in earlier invoice.

CA Kishore Tallam

CA Kishore Tallam (Expert)
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11 April 2012 Yes. Agree with Expert. The Landlord has to give Supplementary bill else the Bank cannot claim CENVAT Credit.

C A S.S.Agarwal, M.Com.,LL.B,

C A S.S.Agarwal, M.Com.,LL.B, (Expert)
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11 April 2012 The experts are correct and they have given you the proper reply to your query

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