Hi,
would like to know that if Cenvat Credit earned over a period of time between dec 2008 to december 2012 can be utilized to settle present serive tax dues i.e from 1st jan 2013 to November 2013 even though No service tax has been paid and no return has been filed for the said period. This is if one wants to opt for the service tax amnesty scheme
As per VCES clause one cannot avail the cenvat credit availble to pay service tax due for the period under amnesty scheme.
I dont agree. I have verified the facts. The scheme states that the credit cant be used to pay of the service tax dues, which need to be paid in cash, but such credit can be carried forward in terms of the service tax legislations. However such carry forward of CENVAT credit is possible only if the assessee was registered with the department during the period when CENVAT credit arose.
I came across a coment in the forum that implies that even if the registration is now taken, still the prior CENVAT credit can be used. The screen shot is attached for your reference. That should sound good to you.
CAclubindia
