CENVAT Credit Under Service Tax

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GOURAV JAIN (Querist)
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08 May 2008 Hi,
We have one query regarding CENVAT Credit under Service Tax. The case is as follows:
There is one company, which has two units. One unit is registered with STPI and exporting the software out of India. Second unit is domestic unit and providing software services in India. Second unit is registered with Service Tax Department with effect from 08th of April 2008. Books of accounts of both the units are maintained separately. The second unit (domestic unit) has issued its first invoice on 31st of March 2008 for more than INR 800,000.
a) Whether this unit can take the credit of service tax on input services paid by it during the financial year 2007-2008. If it can take the credit, on input service of how many periods, it can take the CENVAT Credit?
b) During the financial year 2008-2008, whether the credit of input services received by first unit registered with STPI and exporting the software out of India can be taken against providing services by domestic unit.
c) If both the services are provided by one unit and no separate records are maintained for both the services, whether we can take the credit of input services received by the unit for providing both the services against the domestic services.

With Regards,

Gourav Jain CA

CA Akshat

CA Akshat (Expert)
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11 May 2008 as per section 14AA one unit can take credit of other unit so its allowable

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