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Discussion > Service Tax > Queries >

CENVAT Credit on Capital Goods

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Manager


[ Scorecard : 24]
Posted On 11 March 2010 at 17:56 Report Abuse

CENVAT Credit on Capital Goods can be availed for payment of Service Tax by the Service Provider. There are several conditions mentioned in Cenvat Credit Rules, 2004.But, is there a separate restriction in such availement that the service necessarily need to be provided using the said Capital Goods? In other words, can a Service Provider avail the CENVAT Credit on Capital Goods to set off the service tax liability arised in entirely different business, not at all connected with the Capital Goods procured?

 

Resolving this issue is little bit urgent for me. Help from the learned friends shall be highly appreciated

 

 


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Jeevesh
Advocate- Tax/Corporate


[ Scorecard : 731]
Posted On 12 March 2010 at 11:50

Mr Rao,

CENVAT Credit on capital goods can not be availed on the out services not connected with such capital goods. To claim such credit there has to be conection between the capital goods and the out put service either directly or indirectly. Complete isolation with the service provided is nt allowed. 

 

Can contact me at jeevesh @ svalaw.com for further clarifications.

 

Regards





Gita Iyer
Specialist


[ Scorecard : 135]
Posted On 12 March 2010 at 12:37

for entirely different business CENVAT Credit cannot be claimed.....the service should be directly or indirectly connected to the capital goods....



sivaram
Asst Mgr-Finance


[ Scorecard : 5027]
Posted On 12 March 2010 at 13:10

Originally posted by : Uday Kiran

Dear Madhusudhan Rao,

There is no such restriction under CENVAT credit Rules, 2004, so as to avail the credit earned on Capital Goods to pay for ST liability, for service provided using that particular capital goods only.

You need no have any correlation between Capital Goods on which credit has been availed and the Output service provided . Even  this is applicable for Inputs/Input Services, one to one relation is not necessary.

I also agree with Mr Uday Kiran on the above



Chintan Vasa
CA Final Student M.Com


[ Scorecard : 1236]
Posted On 12 March 2010 at 15:59

Dear all please refer the definition of Capital goods as per section 2 (a) of CCR, 2004 as under:

 

      (a)  “capital goods” means:—

             (A)  the following goods, namely:—

                       (i)  all goods falling under Chapter 82, Chapter 84, Chapter 85, Chapter 90,  1 [heading 6805, grinding wheels and the like, and parts thereof falling under heading 6804] of the First Schedule to the Excise Tariff Act;

                      (ii)  pollution control equipment;

                     (iii)  components, spares and accessories of the goods specified at (i) and (ii);

                     (iv)  moulds and dies, jigs and fixtures;

                      (v)  refractories and refractory materials;

                     (vi)  tubes and pipes and fittings thereof; and

                    (vii)  storage tank,

                    used—

                      (1)  in the factory of the manufacturer of the final products, but does not include any equipment or appliance used in an office; or

                      (2)  for providing output service,

 

From the definition it’s quite clear that capital goods have to be used for providing output service whether directly or indirectly. When the capital goods are not at all used for providing output service then how can we use the credit of the same?

 




sreenivasan
Accountant


[ Scorecard : 22]
Posted On 21 March 2011 at 12:01

Dear Sir

We are doing Rental business of Dehumidifier & Condensing Unit we purchase some cables

shall i take modvat credit whether it is eligible for hireing services

Thanks & Regards

L.Sreenivasan




Jaydip


[ Scorecard : 24]
Posted On 26 December 2013 at 15:22

Is service tax charged on newspapers?


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