service tax left to claim in return

This query is : Resolved

manish purohit (Querist)
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07 July 2011 Dear sir,

We are doing works contract.
In the return filed for 2009-10, one credit of service tax paid by us to sub contractor was left out to claim ? How can I get the credit of this amount ?

CA Vibhash Kumar Sah

CA Vibhash Kumar Sah (Expert)
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08 July 2011 There is no provision in Cenvat Credit Rule which restrict to availment of earlier year Input Credit. The rule provides that Credit should be taken within reasonable time. Claim the missed input credit in the current month & disclose it during the filing of your half yearly ended on 30th Sept'11 Return. You must ensure other requirements for availing Input Credit like payment of Invoice etc...

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manish purohit

manish purohit (Querist)
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08 July 2011 thank you.
But you mentioned that as per rules, credit should be taken within a reasonable time. What time limit is given in the rules ? pl guide & which rule I should refer for the same ?

CA Vibhash Kumar Sah

CA Vibhash Kumar Sah (Expert)
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08 July 2011 Reasonal time we can construed as 3 -4 years also. There is no issue at all.

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