Question61: During audit, queries
regarding non-payment of service tax under reverse charge mechanism are raised.
Credit of service tax under reverse charge mechanism was admissible under
Central Excise and Service Tax law. The question arises as to what will be the
status of such service tax paid in respect of earlier period at the time of
audit. Legally such credit should be admissible. But there is no provision in
the system to claim the credit. So what to do'
Answer: Section 142(7)(a) specifies that all the demand of earlier period
will have to be deposited in cash and further it restrict the ITC of the same.
So this credit will not be allowed
Section 142(7) (a) reproduced here under :-
SECTION 142 OF CGST ACT
7) (a) every proceeding of appeal, review or reference relating to any output
duty or tax liability initiated whether before, on or after the appointed day
under the existing law, shall be disposed of in accordance with the provisions
of the existing law, and if any amount becomes recoverable as a result of such
appeal, review or reference, the same shall, unless recovered under the existing
law, be recovered as an arrear of duty or tax under this Act and the amount so
recovered shall not be admissible as input tax credit under this Act. (REPLY
dt. 19/02/2018)