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Time limit - service tax credit

madhavvan n

what is the time limit for claiming service tax credit can any body enlighten

Service tax credit time limit unsettled: rule permits credit after payment while older rule suggests no outer limit. Time limit for claiming service tax credit is contested: one position treats credit as available 'on or after making payment' for input services and, by analogy to refund provisions, implies a limited claim window; another position asserts that earlier cenvat practice provides no outer time limit for claiming service tax credit. (AI Summary)
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Guest on Apr 29, 2009

As per the provisions of rule 4(7) of the cenvat credit rules, 2007, you can avail cenvat credit on or after making payment of input services. Does it mean that the time limit is open ended? I think no. IF this provision is linked with section 11B (refund) of central excise act, 1944, as applicable to service tax also, we may say that you can claim credit of input services within one year on or after making payment for input services.

Vijay Chitte on Apr 29, 2009

There is no outer limit for claiming service tax credit as per cenvat credit rule 2004.

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