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TMI BlogCancellation of Serviec Tax InvoiceX X X X Extracts X X X X X X X X Extracts X X X X ..... Sir, We have received Service Tax Invoice in 2014. we have not cleared the invoice and service Tax was not paid to the Service provider due to some disputes, but the Service provider had shown the particular Invoice as his turnover and paid the Tax liability in his Service Tax return. Now the dispute was settled. Can we cancel the Invoice and clear it and avail Cenvat credit because the period of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 year was lapsed and no credit will be available on that Invoice. - Reply By Rajagopalan Ranganathan - The Reply = Madam, You have to take the credit within one year from the date of invoice vide third proviso to rule 4 (1) of Cenvat Credit Rules, 2004 . If you fail to make payment to the service provider within 3 months from the date of invoice you have to reverse the credit taken. You ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... can take back the credit when finally payment of the amount indicated in the invoice including service tax paid/payable is made to the service provider vide second proviso to sub-rule 7 of rule 4 of Cenvat Credit Rules . In my opinion you cannot cancel the original invoice and raise a fresh invoice to avoid the condition that credit should be taken within one year from the date of invoice. - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Reply By KASTURI SETHI - The Reply = Invoice can be cancelled by the service provider who issued the invoice . I support the views of Sh.Ranganathan , Sir. - Reply By MARIAPPAN GOVINDARAJAN - The Reply = In my view also the invoice cannot be cancelled. - Reply By Himansu Sha - The Reply = Even it is assumed that the invoice can be cancelledvafter lapse of one year, the ground of cancellation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... should have a genuine ground. Not for enabling somebody for taking the credit.the service provider cannot issue another invoice when they have pasidvthe tax. - Reply By Ganeshan Kalyani - The Reply = Tampering with invoice document is not allowed. - Reply By Aitha RajyaLakshmi - The Reply = Thank U Sir, Whether time limit of One year is not applicable for those invoices in which credit is t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aken but reversal is done due to non payment of the invoice amount to the Service Provider. - Reply By Himansu Sha - The Reply = Yes board has clarified - Reply By Himansu Sha - The Reply = Please refer the circular 990/14/201-cx8 dated 19.11.14 - Reply By Himansu Sha - The Reply = Also refer to the article o Sri M.M.Govindarajan on this subject - Cancellation of Serviec Tax Invoice - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Query Started By: - Aitha RajyaLakshmi Dated:- 5-5-2017 Service Tax - Got 9 Replies - Service Tax - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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