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Cenvat credit - rules query

Service Tax (Legacy) 1064 views 1 replies

As per CENVAT Credit rules 2004 amendment in 2011 trading activity grouped as deemed non-taxable service so tax payer can enjoy the cenvat credit on that trading activity on two option when the separate books of accounts not maintained

1. 6% on deemed services

2. Pay an amount equivalent to the CENVAT credit attributable to the inputs and input services used in or relation provision of exempted services as provided in Rule 6(3A) of CCR.

Value in case of trading ascertain by sales minus cost of goods sold or 10% of cost of goods sold which ever is more it's deemed service income from trading activity in that whether sales should be taken as whole or in respect of sales related to service portion only taken i.e sales provided not relating to service work also want to taken for calculation

please clarify with suitable case law if any, or provision clearly

 

Replies (1)

First ascertain the value of deemed service - higher of 10 % of COGS or (Sales-COGS) -------(A)

Add it with the taxable value of services provided.

Now you will get the value of all the services provided. ---------------(B)

The amount of reversal of Cenvat Credit towards non-taxable service = Amount of Cenvat (other than Cenvat on Capital goods & excluding all education cess) / B x A


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