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St input

Gangatharan (Partner) (108 Points)

27 May 2014

Dear all,

Is there is any time period to avail input tax credit which is not shown in return??

I am having some input credit which is belongs to 2010 but which was not shown in return. Can i avail it now?

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2 Replies

PREM CHAND ROHANDYA (Self Employed) (145 Points)
Replied 27 May 2014

As per Rule 4 (1) of Cenvat Rule - conditions for allowing CENVAT credit: The Cenvat Credit in respect of inputs may be taken immediately on receipt of the inputs in the factory of the manufacturer or in the premises of the provider of output service. Based on above condition, Cenvat credit can be claimed immediately on receipt of the inputs in the factory or premises of the manufacturer or service receiver. It would be noted that conditions states starting point to claim Cenvat credit and it does not state time frame up to which such Cenvat credit needs to be claimed. Further, concept of financial year or calendar year or previous year or assessment year does not exist under service tax law. Hence, if services are received in one year but service tax has been paid in other year then also manufacturer or service receiver can take credit of Cenvat in any current or proceeding years. There is no such restriction on period for claiming of Cenvat credit by manufacturer or service provider. The same has been pronounced in following judgments: CCE, Ahmedabad Vs. Lubi Electronics - 2009 (245) E.L.T. 551 (Tri-Ahmd) J.V. Strips Ltd. v. Commissioner - 2007 (218) E.L.T. 252 (Tribunal) In the above said judgments, it was held that there is no provision for denying credit of cenvat because of delay in claiming of Cenvat by receiver of service nor there is any time limit for taking credit in the Cenvat Credit Rules and therefore, there is no specific time limit to avail Cenvat credit by service receiver. Further, even the supplementary instructions issued by the Central Board of Excise and Customs also do not prescribe any time limit for the purpose to credit allowed. Hence, receiver of service can avail input tax credit on services received by him without any time limit under Rule 4(1) of Cenvat credit rule.

Read more at: /forum/cenvat-credit-265346.asp#.U4RyNlhyS2c