CENVAT CREDIT OF CUSTOMS & EXCISE DUTY PAID ON CRANES

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Ankit Satia (Querist)
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19 November 2008 Facts:
One of the my clientis engaged in the business of renting/hiring the cranes to various companies under an contact & collects the service tax on the same as applicable from the enactment of fianance act 2008(ie 15.05.08).He has registered himself under service tax on 19/06/2008.

He has imported 6 cranes on 06.05.08 & 5 cranes on 29.05.08 by paying the excise & customs duty.

1) whether he can avail the credit of the duty paid on the cranes imported
a) before the date of registration &
b) before the the date on which the service tax became applicable to him ?

2) service tax paid on the input services
a) before the date of registration &
b) before the the date on which the service tax became applicable to him ?

Please reply in detail & as early as possible.

Dayal

Dayal (Expert)
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20 November 2008 Registration under service tax is to be taken within 30 days of providing or services provided. Your client falls under that period and he can take the credit of both capital goods and service tax credit on inputs, provided he has mentioned in his application for registration the period of services rendered from: if not then he has to intimate the department and then take the credit for both the capital goods and input services

Ankit Satia

Ankit Satia (Querist)
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20 November 2008 my client has not mentioned in his application for registration the period of services rendered from & now we will intimate the same the to department.

The question comes to my mind that my client is providing such services from last 4 years but it became taxable from the 15.05.08 thus whether he can get the credit from
a) 01.04.08 or
b) from the date of providing such services i.e. from last 4 years or
c) from 15.05.08
d) From Date of Registration