Availment of Cenvat Credit

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....vailment of Cenvat Credit<br> Query (Issue) Started By: - gopal Bhargawa Dated:- 10-7-2013 Last Reply Date:- 11-7-2013 Service Tax<br>Got 4 Replies<br>Service Tax<br>The assessee get registered himself after the end of financial year( Say 2012-13 i.e in Financial Year 2013-14) with the service tax department but liablility to pay service tax and register with department arise in subsequent financi....

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....al year (i.e 2012-13). Now the question arise that if assessee pays the service tax of Previous year i.e 2012-13 then can an assesse to whom the invoice is issued after registration with service tax get Cenvat Credit of the same or not??????? Reply By PAWAN KUMAR: The Reply: Dear Friend, The question is not clear at all. please explain whether you are a service provider or service receiver for....

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.... the service in question. Reply By gopal Bhargawa: The Reply: The Assessee is a service provider.... Reply By Pradeep Khatri: The Reply: CENVAT credit will be available since service tax has been paid and this is subject to the provisions of CENVAT credit Rules, 2004. Reply By Shyam Sunder: The Reply: Registration is not pre-condition of credit. As per the case law "Knowledge Factory Pvt Lt....

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....d - (2010 (8) TMI 444 - CESTAT, MUMBAI)" Assessee was a service provider initially he did not pay any ST but when department pointed out then he becomes ready to pay ST under "Business Auxiliary Service" after making adjustment towards CENVAT credit. Department disallowed credit on ground that he had failed to take registration under ST provision. Tribunal upheld the credit by pointing out that th....

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....ere was no condition under CCR, 2004 that registration was pre-conditioned for taking credit. Thanks, Shyam<br> Discussion Forum - Knowledge Sharing ....