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Telephone bill in the name of employee

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Querist : Anonymous

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Querist : Anonymous (Querist)
21 September 2016 whether cenvat credit of service tax paid can be availed by the company if, the bill is reimbursement by the company.
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Sandeep Dharar

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Sandeep Dharar (Expert)
21 September 2016 First of all the Cenvat can only b claimed on post pay bills. There are 2 views regarding this topic.. One is that you can't take the cenvat credit since the bill is in the name Employee and not Company, so u cant' prove to the Department that the number is only used for official purpose and not for his personal. Second, U can claim Cenvat for that bills taking reference of case laws. one example is of
Muscat Polymers (P.) Ltd.
versus
Commissioner of Central Excise
FINAL ORDER NOS. A/1670-1671 OF 2011-WZB/AHD.
APPEAL NOS. ST/400 and 488 OF 2010
SEPTEMBER 26, 2011.

I'll suggest to take Cenvat Credit for that amount.
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