Regarding service tax credit

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shivam

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32 Points Joined December 2011

I just want to know that if some one has filled wrong ST-3 and due date of filling revised st-3 return has been passed, then how can that person avail cenvat credit for the relevant half year ended April to September 2015 and previous year ended 31st March 2015. Thanks in advance

Replies (4)

CA Prakash N

IDT - Hiregange & Associates

2 Points Joined February 2016

Dear Mr. Shivam,

Very Good morning. Hope you are doing good.

Correct me if I am wrong in facts, your question is that you would like to seek remedy for credit missed out during April 15 to Sept 15.

For Input Service Credit: As per proviso to Rule 4(7) of Cenvat Credit Rules, the manufacturer or the provider of output service shall not take CENVAT credit after [one year] of the date of issue of any of the documents specified in sub-rule (1) of rule 9..

For Input credit: refer proviso to Rule 4(1).

Please note this condition is not applicable to capital goods credit.

Therefore, you can avail credit which was missed out during last half year and March ended, by this FY as its within 1 year time period.

shivam

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32 Points Joined December 2011

Thank u sir. Will u please tell me which type of the form and procedures should I follow to avail Cenvat credit for the period April 2015 to September 2015.

shivam

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32 Points Joined December 2011

Can I avail Cenvat for the period April 2014 to March 2015

CA Prakash N

Head - Indirect Tax (GST & FTP)

373 Points Joined January 2012

You can claim credit from Oct 2014 by claiming the same for the month Oct 2015 and so on. Refund procedure and forms are prescribed in notification no. 27/2012 CE (NT). Pls note, to claim refund you are required to show credit in ur books and ST3.