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old serivce tax credit not taken in the Aug month ER1 Return

Guest

Dear All

As per the new Amendment of Notification No -21/2014 cenvat credit in Rule 4 -wef 01.09.2014. in my doubt is past two year before Excise audit not allowed to taken the input credit- reason is till date we are not paid the particular service bill. when u are paid the service amount that time u have taken the credit so we are not taken the credit and we maintained separate ledger., above notification we are not aware so till date we are not taken the credit whether i will taken the past credit sep ER-1 return

Pls help to above issue

Regards

Cenvat credit eligibility: retrospective service tax credit claims may be disallowed absent receipt of service payment or specific clarification. Availability of cenvat credit for past unpaid service invoices depends on meeting the statutory receipt/payment condition under the amended Rule 4; the August omission due to unpaid bills may not be rectifiable retrospectively absent express administrative clarification or documentary proof of payment/receipt, and maintained separate ledgers do not by themselves validate later claims. (AI Summary)
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Madhukar N Hiregange on Sep 28, 2014

As on date for such cases there maybe no credit available. This may not be the intention, however unless clarification on availability of RC is specifically allowed there maybe a problem.

Guest on Sep 29, 2014

Sir

Thanks. please give your advice whether i will taken the credit for this month.

Regards

selvakumar

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