Availment of Cenvat Credit

[Guest]

my client is an air travel agent. he has filed the return of service tax for the period april - 2005 to september 2005 and october 2005 - march 2006 before due date without availing cenvat credit. my query is whether he can avail cenvat credit in the return of f.y.2006-2007. also if he can file a revise return for the period oct 2005-march 2006 and avail cenvat credit as it would be within the due date.

[Surender Gupta]

If you did not claimed the benefit of Cenvat Credit, you may file the revised return. Although there is no provision is there with reference to revised return in the act or rules, credit may not be denied.

AI Summary

Air Travel Agent Seeks to Claim Cenvat Credit for 2006-2007 After Missing Out in Initial Returns An air travel agent filed service tax returns for two periods in 2005 and 2006 without availing Cenvat Credit. The query seeks to determine if the agent can claim Cenvat Credit in the fiscal year 2006-2007 or file a revised return for October 2005 to March 2006 to avail the credit. The response indicates that while there is no explicit provision for revised returns in the act or rules, filing a revised return to claim Cenvat Credit might still be possible, and the credit may not be denied.