Cenvat Credit

[Rahul Bagaria]

We have been registered with effect from 1^st October 2014, under the Service Tax, but the service pertains to AY 2011-12, (though the service was provided during the period after registration).

The invoice is dated 6-Feb-2015. Can I avail the service tax cenvat credit

[YAGAY andSUN]

Dear Rahul,

No you cannot as the services pertain to the F.Y. 2011 -2012 and Invoice was received on 06 Feb 2015 which is violation of Rule 4A of the Service Tax Rules, 1994. Further, limit of 6 months also here to stay.

Regards

YAGAY and SUN

(Management, Business and Indirect Tax Consultants)

[Mahir S]

Sir,

You may intimate the service tax range office and avail input cenvat credit.

AI Summary

Cenvat credit time-bar may prevent credit where invoices are received after the statutory time limit; notify tax office for guidance. Claim for Cenvat credit is disputed where invoices are received after the service period; one view applies time-limit rules barring credit when invoices are received beyond the permitted period, while an alternative view recommends intimating the tax range office to seek acceptance or regularisation of input credit.