Cenvat credit of input services - very important

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shrikant vaishnav (Querist)

23 November 2015 Dear Sir,

I have an query regarding cenvat credit of service tax paid on services availed earlier.

I am as an professional rendered professional services to chartered Accountants firm above basic exemptipn limit of Rs. 10 lacs. While raising invoice I have not charged service tax as I was not having any ST registration. I have filed my Income Tax return & claimed TDS according to Form 26As.
Now I have received notice from service tax department for payment of service tax.

Now I will take service tax registration, I will pay service tax But instead of paying from my pocket i will collect it from Chartered Accountants firm to whom I have rendered services in past.

The question is whether that Chartered Accountant firm is eligible for cenvat credit of service tax paid / reimbursed to me, which I will pay to government treasury, for earlier years?

Kindly guide as soon as possible along with mentioning section, rule, circular or notification.

Regards,
CA Shrikant Vaishnav
Cell: 07045664441

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

23 November 2015 For availing cenvat credit the time limit is one year from the date of issue of invoice by you. So all the invoices falls within this period cenvat credit can be taken. Refer CEBEC Notification 21/2014.

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