CENVAT on part payment

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If a particular assessee has paid part payment of the bill on which Service tax was also charged, then how much amount he can claimed as CENVAT input.

Example:- A has been raised a bill for audit fees of Rs 5500 in which services charged Rs 5000 and Rs 500? A has paid Rs 3300 saying Rs 3000+300. the CA has deposited Rs. 300 as service tax with Dept.

(a) can A also claim the CENVAT of Rs. 300 on inclusive basis.

(b) how much CENVAT available if A paid Rs 5000 of sservice only, although the CA deposited Rs 450 on inclusive basis?

Replies (5)

in case of part payment received cenvat credit to the extent of full amount of service tax can be availed. in case party makes consolidated payment of Rs. 5000/- Service tax credit of Rs. 467/- can be availed by the party.

regards,

ratan

Dear Pushpendra,

Rule 4(7) of CENVAT Credit Rules, 2004 clearly says that the CENVAT Credit on Input Services can only be availed once the value of Input Service (i.e. Audit fees in you case) and Service Tax and all CESS is paid.

If part payment is made, you can avail proportionate credit. If Full payment is made take full CENVAR Credit.

Simply speaking, avail credit to the extent of payment.

Mr Gautam Joshi is right because the Service Provider will pay  Service Tax on receipt basis and you can not take more credit.

 

 

Hi Pushpandra and Suren,

If I answer in an another way than you can avail and utilise CENVAT Credit only to the extent paid by the Service Provider to Government.

The payment of service tax by the service provider can only be presumed.

The credit of ST is available when one pays the bill inclusive of ST. If part paynment is made to the service provider, part credit would be available.


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