Urgent query of service tax cenvat

Can I take cenvat in Service Tax If I pay an amount to consultant excluding service tax,

e.g.

There are three bills of Consultant amounting to Rs. 337080/- (Rs. 112360/- each month) including service tax. Now I pay Rs. 300000/- against these bills (excluding service tax amount).  Can I still take cenvat credit of two bills (i.e. Rs. 12360 +  12360) assuming that I have paid the amount with service tax (i.e. Rs. 112360 + 112360) ?

and what If I pay Rs. 100000/- against one bill in one month & Rs. 100000/ against second bill in other month. Can I take cenvat credit of one bill (i.e. Rs. 12360/-) in second month assuming that I have paid amount with service tax ?

Thanks.

Replies (2)

You have make the payment excluding service tax then you can take the cenvat credit on the basis of payment.

you have not paid the amt including service tax then you can not take input benefit

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