Cenvat credit claim by rwa

618 views 1 replies

An apartment association has collected Rs 61 lakhs for the maintenance of Apr May and June 2014. and for all flat monthly maintenance is exceeding 5000.

So the service tax comes around Rs 7.56 Lakhs.  Now the third party handling the maintenance was paid for April and May  in July and that too on provisional.  No bills were raised.

Now association has tax liability of Rs 7.56 lakhs and  they want to wait for the actual bills and challan of service tax paid from the third part vendor . so that association can avail CENVAT credit and pay 7.56 lakhs.   Rest  interest  for delayed payment  around 20-30K will be paid directly to service tax department.  Therefore they are not registering for service tax as well right now.

Like this association will not have to pay 7.56 lakhs  and just have to pay Rs 30000 approx.   Is this approach a correct one and legally justified?

Replies (1)

Please check on the following clause in CENVAT CREDIT RULES. I am not sure what you are doing is as per rules.

Provided that while paying duty of excise or service tax, as the case may be, the CENVAT credit shall be utilized only to the extent such credit is available on the last day of the month or quarter, as the case may be, for payment of duty or tax relating to that month or the quarter, as the case may be:
 

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