Practicing Indirect Tax
97 Points
Joined November 2008
Well Said Suman.
For the period prior to 2011, you can avail cenvat credit of only 90% of service tax amount even though you have paid 100% service tax amount as the cenvat credit can be availed only after making the payment for services and service tax.
Though you may treat as if 100% service tax amount is paid to the vendor (say 10.30 Rs. @ 10.30%) and 90% amount for services (say 90 Rs.), your contractor may not necessarily/is under no obligation to deposit whole 10.30 Rs. as service tax to the department. He may treat the receipt 10.30+90=100.30Rs. as a gross receipt and may recognise net of service tax as revenue and balance may deposit as service tax by applying cum tax principle. Sol, he will be paying only, and is under obligation to pay only 9.366183 Rs. as service tax to the department and may recognise/can recognise Rs. 90.93382 as his revenue.
Even without going through this accounting, no cenvat credit of service tax paid can be taken unless the payment for BOTH the SERVICE TAX and SERVICE CHARGES/FEES have been made.
For the period after 2011, what has been said above is correct. I am siply copying it from Suman's post:
After introduction of "Cenvat Credit Rules 2011" now it is possible to take cenvat credit on receipt of bill .but if amount is not paid within 90 days then cenvat credit taken needs to be reversed back.