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SERVICE TAX CENVAT

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For new company registered under service tax, cenvat credit to be availed from

1. the date of registration

or

2. earlier paid amount also can be availed under cenvat

Regards,

Nagesh M R

Replies (5)

In my opinion, a assessee can take the credit of cenvat on inputs procured before the date of registeration provided the said inputs are lying in stock as on the date of registration.

What is the service?  In most of the service inputs may not be used. You are eligible to avail credit only only after obtaing registration under service tax. 

If you are paying for past period along with interest, you may take credit at your risk.  While department will not accept the same, you may get favourable order on APPEAL.

It will depend upon the nature of service. It has to be seen whether the credit availed on inpt service is used directly or indirectly in the manufacture of goods or output services or not. For example, service taxes paid on consulting engineer charges for designing of plant is available even if such service tax is paid before registration.

Thanks to all,

Mr. Rajesh, is specifying about name of the service,  Sir, I feels if you list out the names of service in which we can obtain Cenvat credit for earlier paid amount i.e., before service tax regn.,   it will help to so many people those are in the loop

Nagesh M R

Well Nagesh, there are very few services on which credit can be denied in a blanket manner. Thus it is necessary to examine the service tax paid on various services and looking at those from the angle of the definition of input service.


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