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Issue ID: 111216
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TIME LIMIT FOR CENVAT CREDIT UNDER RCM

Date 08 Dec 2016
Replies 7 Replies
Views 13586 Views
Cenvat credit under reverse charge: entitlement tied to tax payment, with reversal required if RCM tax remains unpaid.
The one year limitation for availing CENVAT credit under reverse charge is best measured from the date the tax is paid under RCM, with admissibility evidenced by the TR 6 challan; credit taken before payment must be reversed and may be reclaimed upon subsequent payment to the tax authorities or supplier. (AI Summary)

Per CENVAT Rule 2004, time limit for taking credit is one year from the the date on which the Invoice is received from the Supplier. Whether this one year time limit for taking CENVAT credit is applicable for tax paid under reverse charge mechanism also.

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