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Issue ID: 4896
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credit for ST paid

Date 02 Nov 2012
Replies3 Replies
Views 1204 Views
Asked by
Cenvat credit requires a valid invoice or challan; contractual agreements alone cannot support credit entitlement.
The statutory scheme requires that service providers issue serially numbered invoices with prescribed particulars, and Cenvat credit may be availed only on the basis of such compliant invoices or a valid challan; contractual agreements alone cannot support the taking of credit for service tax paid. (AI Summary)

we are into the business of providing payment gateways. Agreements with banks and merchants form the basis for providing and receiving service. rates at which commision / chrges are payable / receivable are documented in these agreements. Being so, when we pay for the service together with ST as per agreed terms, is it required for the service provider to invoice us month on month for the purpose of taking credit for ST paid. is not the agreement a valid document for the purpose?

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