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cenvat credit on office rent

This query is : Resolved 
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(Querist)
03 March 2009 Hi,

We have providing taxable as well as non taxable services. but we not maintained separate books of accounts. We are rendered Freight forwarding service,& registered under business auxilary service. We are raised services tax on cleraing charges received but not on freight.while taking credit we taking credit on clering charges paid. Can we claim service tax on office rent, telephone, courier etc ?
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Rajesh Kumar

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Rajesh Kumar (Expert)
03 March 2009 Providing non taxable service is a difficult term to define. To provide any taxable service, a output service provider has to do various work which may not be taxable. What is important to examine whether the work done is used directly or indirectly in providing taxable service.
If you are providing certain services which are non taxable, you can take credit on input services on proportionate basis.
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