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St under rcm yy

This query is : Resolved 
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(Querist)
10 May 2014 In case of work contract, receiver paid his portion of ST without payment to party and availed as input credit but not utilised until payment is made to party. whether service receiver can avail this credit. what is the consequences?
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Annu Agarwal

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Annu Agarwal (Expert)
12 May 2014 The service receiver can not take the crediit of service tax paid under reverse charge until and unless he makes the payment of service providers invoice.If cenvat credit hasbeen availed without payment of service being made to service provider,then service receiver shall pay an amount equal to cenvat credit availed.
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