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.

[JSW CEMENTLIMITED]

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]

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]

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 ?

AI Summary

Cenvat credit time limit: ISD invoice date can determine availment if the distributor already availed within statutory period. Where an ISD invoice consolidates multiple bills, recipients may avail Cenvat credit based on the ISD invoice date if the input service distributor itself availed credit within the stipulated statutory period; individual underlying invoice dates need not determine the recipient's entitlement. A related unanswered query concerns availment and procedure for Cenvat credit on older capital goods when returns were previously nil.