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Cenvat credit for one year tiem limit

yateen vyas

Sir,

I have received a ISD invoice dt. 08.07.2015 in which so many bill details attached out of this i found 1 bill is from July 14 one year beyond today date.Now i want to take credit as per ISD invoice (which is combined from all bills) which dt is july 15. so now my question is that one year time limit will be applicable on ISD invoice (july 15) or date of bill issue to HO (july 14).

Hope u will understand question clearly.

Cenvat Credit Claim Validity: One-Year Limit Applies from ISD Invoice Date, Not Original Bill Date. A discussion in a forum addressed the issue of availing Cenvat credit for invoices dated beyond one year. The query involved whether the one-year time limit applies to the date on the ISD invoice (July 2015) or the original bill (July 2014). Respondents suggested that if the input service distributor availed the credit within the stipulated period, credit can be claimed based on the ISD invoice date. Another query involved a new company seeking to utilize Cenvat credit on capital goods issued over 12 months ago, with advice sought on the procedure to follow. (AI Summary)
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JSW CEMENTLIMITED on Sep 2, 2015

I assume that the cenvat credit of bills prior to one year limit was availed by input service distributor. In such a situation you can avail credit based on your ISD invoice.

PARTHASARATHY V on Sep 3, 2015

The distributer was availed the credit within the stipulated period and also you need not to go by individual invoices when the ISD invoice date is having validity period of 1 year.

You can avail the credit.

Guest on Sep 3, 2015

Sir,

A newly started company wants to utilize CENVAT CREDIT on capital goods which are issued more than 12 months & also between 6-12 months. Company did not utilized it due to non operational and availment of exemption granted to SSI. Company does not mention about CENVAT CREDIT in previous return . ( company filed nil return due to take registration from the department). whether company take CENVAT CREDIT ? If yes , what procedure should be followed ?

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