Failure to service tax & input tax credit

This query is : Resolved

Rengasamy.R (Querist)
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11 July 2015 Dear Sir

we had received rental service from landlord,monthly rent comes to Rs.1 Lakhs, Landlord doesn't charge service tax on his bill, now he is asking us to pay service tax on Rs.1 Lakhs from oct 14 to till date, now if we pay the service tax which was not charged/paid early, can we eligible to take input tax credit on service tax paid.

Service from oct 2014 to till date

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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11 July 2015 Yes you can take input credit on service tax paid.

Rengasamy.R

Rengasamy.R (Querist)
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11 July 2015 Now Landlord has raised invoice for service tax not charged from Oct 14 to till date,we also paid the amount in the invoice,in the month of July 15, can we take input tax credit in the month of july 15 will be paid in 6-Aug-15?

Invoice date in the month of july 15 only

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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11 July 2015 See the cenvat credit Rules it is a delayed remittance so cenvat credit can be taken only after remittance of service tax. So the credit can be taken in Aug-15.

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