09 October 2014
1.Your is a case of import of service.As per serial no.10 of notification no.30/2012,100% service tax shall be paid by you. Now as per Point of Taxation Rules,2011 recently added rule 10,in case of reverse charge where the payment is not made within 6 months from date of invoice ,the point of taxation shall be date of invoice. In your case date of invoice is 17.02.2014 and date of payment is 09.10.2014 which is beyond 6 months .So POT shall be date of invoice i.e. 17.02.2014 and due date to deposit service tax is 06.03.2014. So you have to pay service tax with interest and penalty now.
2.After paying the service tax ,you can avail the as per Rule 4(7) of Cenvat Credit Rules.
If I am paying service tax today My Challan date-09.10.2014 Party Inv Date- 17.02.2014
Wheather cenvat credit will be affected by the recent change in cenvat credit rule 2004 vide Notification no 21/2014 NT which is saying cenvat credit on input/input services will lapse if it is not taken within 6 months from the date of invoice or any specific document.
09 October 2014
As per my view the amendment is applicable for invoices issued after 01.09.2014. No change in cenvat credit availament for prior invoices.
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