Claiming of cenvat credit in case of reverse charge by nbfc

Hi All,

I came across a circumstance where an NBFC(being service receiver) settled an advocate fee with service tax portion of Rs.6000, though the advocate did not charge service tax in their bill. NBFC paid the bill and service tax separately to the govt under rev charge mec. Now my query is whether the NBFC can claim cenvat for entire 6000 or only half of it(6000/2=3000). Kindly reply with any notification or circular if any

Replies (2)

refer notification no. 30/2012

By virtue of Rule 6 (3B) of CCR, 2004, service tax is required to pay @ 50% of Cenvat credit availed during the month. There is no restriction on availment of Cenvat credit against payment.

Regards,

JMS

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