Dear Sir/Madam,
Please give your expert opinion for my query
A Pvt Ltd Co engaged in business of preparing gitti (on which VAT Paid) purchased Crusher on which it utilised 100% cenvat credit of CG against its Stax liability in initial 2 years. After 5 years of use of CG co. wants to sell crusher.
So as per relavant part of rule 3(5A) of CCR,
Provided further that if the capital goods, on which CENVAT Credit has been taken, are removed after being used, the manufacturer or provider of output services shall pay an amount equal to the CENVAT Credit taken on the said capital goods reduced by the percentage points calculated by straight line method as specified below for each quarter of a year or part thereof from the date of taking the CENVAT Credit, namely:-
(a) for computers and computer peripherals:
(b) for capital goods, other than computers and computer peripherals @ 2.5% for each quarter.
My working for above is:


Crusher Cost 100
Cenvat Credit availed 12.36 A
1st year CC Utilised 6.18
2nd Year CC Utilised 6.18
3rd year
4th Year
5th Year
Assume date of cenvat credit taken in Q2 & sale in last month of 5th year

Q1 Q2 Q3 Q4
0.309 0.309 0.309 0.927
0.309 0.309 0.309 0.309 1.236
0.309 0.309 0.309 0.309 1.236
0.309 0.309 0.309 0.309 1.236
0.309 0.309 0.309 0.309 1.236
5.871 B

Cenvat Credit to be reversed 6.489 A-B
52.50%
please let me know if above working is correct? Is there any other method of calculation of above reversal ? Instead of sale can assessee lease the CG so that Cenvat Credit Reversal is not required?

There is a individual providing vehicle on renting to a body corporate under a contract.
As this service comes under RCM body coprporate required to pay service tax.
Contractor raises his bill as 18400*3 = 55200
Now contractor has not mentioned in his bill whether this value is abated or non abated

My question is Body corporate will pay service tax on
40% of 55200 (assuming abated value)
OR
50% of 55200 (assuming non abated value)

Dear Sir,

Our is a Charitable Trust. Got Income Tax Registration u/s. 12A. Income exempt u/s 11. Trust has let out its own buildings for rent to tenants who are running the premises for their Commercial use such as office etc. The Trust received rents every month. Please let us the know shall the Trust pay SERVICE TAX on its rent? The Trust rental income per annum is around 13 lakhs. Please give us your guidance and oblige.

Thanking you,
Yours faithfully,
C. Durairaj,
Pallathur-630107

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Regard
Prakash Singh