Availment of Cenvat Credit

[gopal Bhargawa]

The assessee get registered himself after the end of financial year( Say 2012-13 i.e in Financial Year 2013-14)  with the service tax department but liablility to pay service tax and register with department arise in subsequent financial year (i.e 2012-13).

Now the question arise that  if assessee pays the service tax of Previous year i.e 2012-13 then can an assesse to whom the invoice is issued after registration with service tax get Cenvat Credit of the same or not???????

 

AI Summary

Cenvat credit: payment of service tax enables credit even if registration occurred later; registration is not a precondition.
Cenvat credit is available to a service provider who pays service tax for a prior liability even if registration was obtained later, because registration is not a precondition under the Cenvat Credit Rules; entitlement depends on satisfaction of the Rules' substantive and procedural requirements and appropriate documentation.