Dr. Sanjiv Agarwal
Change w.e.f. 1 September, 2014
Vide Notification No. 21/2014-CE(NT) dated 11.07.2014, after the second proviso in Rule 4(1)of the Cenvat Credit Rules, 2004, the following proviso was inserted for the first time to fix time limit to avail Cenvat credit –
“Provided also that the manufacturer or the provider of output service shall not take Cenvat Credit after six months of the date of issue of any of the documents specified in sub-rule (1) of rule 9”.
This proviso is effective from 01.09.2014. Earlier, there was no time limit on availment of Cenvat credit. The provisions of Cenvat Credit Rules, 2004 were amended whereby a manufacturer or a service provider shall not take Cenvat credit of inputs, input services after a period of six months from the date of issue of invoice, bill or challan as the case may be. It may be noted that Cenvat credit with respect to invoices / challans / bills which were dated prior to 01.09.2014 shall also be subject to such time restriction.
For example, if Cenvat credit is not yet taken for a bill dated 01.07.2014, such credit could be availed only till 31st December 2014.
Change w.e.f. 1st March, 2015
W.e.f. 1st March 2015, time limit for availment of Cenvat Credit has been extended to one year from the date of invoice. This implies that Cenvat credit on inputs and input services which could be earlier (as provided for w.e.f. 01.09.2014) availed within the period of six months from the date of invoice can now (w.e.f. 1.3.2015) be availed within a period of one year from the date of invoice .
The amendment has been made vide Notification No. 6/2015-CE(NT) dated 1.3.2015 w.e.f. 1.3.2015 wherein the words ‘six months’ have been substituted by words ‘one year’ in third proviso of Rule 4(1) of Cenvat Credit Rules, 2004.
Impact of Change
The amendment w.e.f. 1.3.2015 of allowing time limit of one year instead of six months shall make the amendment made w.e.f. 1.9.2014 redundant because it would cover period of March to September 2014 also. Further, those who could not claim Cenvat credit of invoices issued prior to September, 2014 can now do so as the time limit has been raised from one month to one year. Thus, on all eligible invoices of last one year cenvat credit be availed.
There are many instances where assessees receive input services but do not taken any registration as they are not engaged in providing any taxable service during that period. In such cases, it may be advisable that the assessee must take registration and file periodical returns wherein credit must be duly availed.
Author Bio
DEAR SIR,
I WANT TO KNOW WHETHER SERVICE TAX CREDIT SHOULD BE TAKEN WITHIN ONE YEAR OR WITHIN 6 MONTHS. WHILE FILING THE CENTRAL EXCISE RETURNS
What do the words “Availment of CENVAT Credit” exactly mean?
Whether it means claiming the CENVAT from purchase invoice and debiting the CENVAT account in books or does it mean actually using it for paying the duty/tax?
Please guide
As per new amendment w.e.f. 01.03.2015 you are eligible for invoice dated prior to one year from this amendment date 01.03.2015 eligible for CENVAT credit
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dear sir, can we take cenvat cred of invoice dated 25.03.15 in current return of oct-dec-2015
dear Sir,
will u advise Inv.date is 19-Mar-2014 we recd in Dec’15 , any option to avail Cenvat amount?
plz help
Dear Sargamji,
As per my understanding, it would cover a period of six month due to old proviso.
DEAR SIR,
1ST THANK TO THIS SITE FOR GIVE THE KNOWLEDGE.
I WANT TO ASK QUESTION ABOUT EXCISE. I’M AN ACCOUNTANT , WE R MANUFACTURERE.
LACK OF SPACE WE HAVE PURCHASE NEW SHED OPPSITE SIDE. UNIT II.CASTING SEND TO UNIT II FOR OTHER TREATMENT( LIKE FETLING ETC) EXCISE INSPECTOR TOLD US THAT U CAN’T TAKE A CENVAT WHICH ITEM IS USED IN UNIT II.(LIKE-GRINDING WHEEL, STEESHOT)
ISIT TRUE? WE HAVE EXCISE NO.THEY R ALSO REFUSE FOR SERVICETAX (LIKE SEQURITY BILL). PL TELL ME CAN I TAKE CENVAT & SER.TAX WHICH IS USED IN UNIT-II.WHICH IS THE WAY FOR IT.
THANKS
KETAN
Dear sir, can we take cenvat credit of invoice dated 1.10.14 in current return now ??