Cenvat for last 5 years service tax payment

Queries 616 views 2 replies

Dear Sir,

We are subsidiary company, while service tax department contact the audit to our holding company service tax department raise the demand to our holding company around 7 laks related to debit note raised to us for pasted 5 years now our holding company ask the 7laks of service tax from us through Debit note and they (holding company) said take the cenvat in our subsequent month payments.

My question is

1. Can we take the cenvat for above payment? if Yes or No kindly provide the details

2.What is the definition of  “Suppression of facts”?

Replies (2)

If there is no suppression of facts or wilfull mistatement etc. , limitation will apply and they are not liable to pay tax for five years but only for 18 months. You will not be eligible for the cenvat credit for the extended period of limiation once they admit and pay tax for five years. Pl. read Rule 9(1) (bb) of CCR.

Dear Sir,

Kindly say, Whether we take the cenvat or not, if no pls provide the section/rules details

with regards


CCI Pro

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