Inpurt credit taken on sercie tax charged by commission agent-reg

[Kantilal kachhadiya]

We have taken input credit on service tax charged by commission agent but not utilised till, final verdict of Honorable Supreme court in the case of Ahmedabad-II Vs. M/s Cadila Healthcare Ltd. But ,recently ,in the cenvat credit Rules-2004, Notification No.21/2014-Central Excise(N T) provided that the manufacturer or the provider of output service shall not taken CENVAT credit after six months of the date of issue of any of the documents specified in sub-rule (1) of rule 9.What should I do .whether we utilised the input credit on serce tax charged by commission agent or wait till final decision of supreme court in the case of M/s Cadila Healthcare Pvt Ltd ?

AI Summary

Wait for Supreme Court Decision Before Using Input Credit on Commission Agent's Service Tax A query was raised regarding the utilization of input credit on service tax charged by a commission agent, pending a Supreme Court decision in the case of Ahmedabad-II vs. M/s Cadila Healthcare Ltd. Recent amendments in the CENVAT Credit Rules, 2004, restrict taking CENVAT credit beyond six months from the date of issue of relevant documents. Respondents advised adopting a cautious approach, suggesting to wait for the court's decision to avoid potential statutory interest and reversal of credit if utilized prematurely. The consensus was to refrain from availing the credit until further clarity is provided by the court ruling.