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TIME LIMIT FOR CENVAT CREDIT UNDER RCM - Service Tax

Issue Id: - 111216
Dated: 8-12-2016
By:- Ramachandran Chandru
TIME LIMIT FOR CENVAT CREDIT UNDER RCM

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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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Showing Replies 1 to 4 of 4 Records

1 Dated: 8-12-2016
By:- MARIAPPAN GOVINDARAJAN

There is no specific rule for taking credit for taking CENVAT credit in respect of RCM but some authorities are of the view that it should be one year from the date of invoice. My view is no invoice is raised for RCM and as such the Rule of limitation will not applicable to RCM.


2 Dated: 8-12-2016
By:- Ganeshan Kalyani

In my view the one year criteria in case of reverse charge would be from the date of payment of service tax.


3 Dated: 9-12-2016
By:- CS SANJAY MALHOTRA

Rule 4(7) of CCR 2004 is self explanatory as the same specifies the period of 1 year for the purpose of availment of CENVAT Credit in respect of any of the document issues under Rule 9. In case of reverse charge, CENVAT Credit is admissible on the basis of TR-6 challan as and when the tax is paid.

Hence, period of 1 year commences from the date of payment of Tax under reverse charge. Furthermore, where the Service Tax has been paid under reverse charge and CENVAT Credit has been availed within a period of 3 months from issue of invoice date, but the payment has not been made within 3 months, CENVAT Credit needs to be reversed or paid back. The same may be reclaimed when the payment has been made to supplier and henceforth period of 1 year limitation does not apply.

 


4 Dated: 9-12-2016
By:- Suryanarayana Sathineni

I concur with the views expressed by the experts in Sl. Nos. 2 & 3 of the response to thequery.

Best Regards

Suryanarayana


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