Can individual take input credit of service tax
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
19 December 2014
An individual have constructed a commercial complex through contractor. The contractor have charges service tax in his invoice. Can the individual take service tax input credit and later adjust with the service tax payable on rental income from commercial complex
CA Robin Betala
(Expert)
19 December 2014
Home solution Retail Ltd v. Union of India (2009) 14 STR 433 (Delhi) – Input credit of service tax can be taken only if the output is a ‘service’ liable to service tax or a ‘good’ liable to excise duty. since immovable property is neither ‘service’ or ‘goods’, input credit on like industrial or commercial construction service or works contract service which are input service for the output namely immovable property, cannot be taken.
Rupesh Jain
(Expert)
20 December 2014
when you sale the flat then you take the credit the of service tax .
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