Cenvat credit of st on renting of property

This query is : Resolved

CA Nikhil Jhanwar (Querist)
Follow

24 April 2012 Whether service tax paid on Renting of immovable property can be claimed as input service and used in paying service tax on architect service and other output service.....Main issue for discussion is whether the definition of 'input service' after Budget 2011 has been limited only to the activities expressly provided in 'input service' or is there any scope for 'inclusive' part.........

PAWAN KUMAR

PAWAN KUMAR (Expert)
Follow

24 April 2012 yes cenvat can be claimed on rent as it is the premises of the service provider and directly related to output service.in budget 2011, it was provided for services used as consumption on employee or for personal use.

CA Nikhil Jhanwar

CA Nikhil Jhanwar (Querist)
Follow

25 April 2012 In Budget 2011, the word ín relation to business was deleted restricting the scope of definition of ínput service'. DO YOu think there can be objection from the side of department on the same??

Ki$hor B

Ki$hor B (Expert)
Follow

25 April 2012 I think the payment is in the nature of I/P service and hence not questionable by the authority.

PAWAN KUMAR

PAWAN KUMAR (Expert)
Follow

25 April 2012 Dear Mr.Nikhil, could you please provide the notification where the word was deleted during budget 2011.

CA Nikhil Jhanwar

CA Nikhil Jhanwar (Querist)
Follow

25 April 2012 The definition was substituted with new definition by Notification No. 03/2011-CE(NT) dated 01.03.2011, and interalia, word 'in relation to business such as' was deleted