banner_ad

Service tax credit

Service Tax (Legacy) 1074 views 5 replies

Can a consultancy company clain service tax input on bank charges, air tickets, travel bills, staff welfare against the service tax payable?

Replies (5)

For bank charges, there is no restriction on cenvat.

But for all the other expenses, if are pertaining to the personal use of the employee, then the same shall not be eligible as per the Definition of Input Service u/r.2(l) of the CCR, 2004., i.e., for staff welfare cannot be allowed.

For travelling expenses, there are decisions that may go in favour for claiming cenvat, if proved to be for official purpose.

Bank Charges No

Airtickets - is not claimable as there is an abatment given to airlines.

Staff welfare - there is a specific circular not able to find it, which restricts the cenvat credit on expenses relating to expenses towards employees

If a company has not claimed any input credit for April, May & June, where proportionate credit can taken based on the exempted services, can the company claim 3 months credit in the month of july?

whether the input credit is to be claimed against respective months services or against the services for the month of July?

Since the credit is for the Previous period, i am of the opinion it is better to include the  same in the opening balance.

I beg to differ from the opinion provided above by Mr. Prasad.

 

Air Travel: The cenvat can be claimed, if incurred for the purpose of business. There are various judgements supporting the argument such as

1) ADC INDIA COMMUNICATIONS LTD. v. COMMR. OF C. EX., BANGALORE 2012 (283) E.L.T. 415 (Tri. - Bang.)

2) CALIBER POINT BUSINESS SOLUTIONS LTD. v. COMMR. OF S.T., MUMBAI 2010 (18) S.T.R. 737 (Tri. - Mumbai)

3) COMMISSIONER OF C. EX., AHMEDABAD  v. FINE CARE BIOSYSTEMS 2009 (244) E.L.T. 372 (Tri. - Ahmd.)

Further, there is no such restriction for availing  the cenvat credit in the same month of the date of invoice; you should only be required to verify, whether the same is eligible or not.


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 31 May 2026
Article Assistant

KPRS And Associates

New Delhi

CA Inter

View Details
Company
18 May 2026
MIS Executive

Primarc Pecan Retail Limited

Mumbai

B.Com

View Details
Company
01 June 2026
Audit, Taxation & Compliance Executive

R P S K & Associates

Nashik

CA Inter

View Details
Company
ARTICLESHIP 15 May 2026
ARTICLE ASSISTANT, TRAINEE AND PAID ASSISTANT

YOGESH KAPOOR AND ASSOCIATES

New Delhi

B.Com

View Details
Company
26 May 2026
Senior Accountant cum purchase Manager

Vardhaman Group of India

Pimpri Chinchwad

CA Inter

View Details
Company
04 June 2026
Semi Qualified CA

Goyal Puneet & Associates

New Delhi

CA Final

View Details
Company
10 June 2026
Senior Account Executive

JDS Advisory LLP

Ahmedabad

CA Inter

View Details
Company
ARTICLESHIP 14 May 2026
CA ARTICLE

PRAVEEN GARG & CO

Faridabad

CA Foundation

View Details