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Cenvat credit on service tax

This query is : Resolved 
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(Querist)
06 September 2011 Sir,
Please guide; whether we can avail credit on service tax paid for an input service for which the service provider is not incorporate that catagory of service in their registration.
The service provider is registered for "Repair and maintenance service" but they provider " Supply of tangible goods for use service". Excise department raised objection on the credit availed by us as the provider is not register for such service.

Exparts, please reply.

Regards,
Tapan
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ADITYA

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ADITYA (Expert)
06 September 2011 As per my opinion, it is a procedural laps on the part of your service provider. The essential thing is that your service provider must have paid service tax what is collected by him.

After getting departments objection in writing you may submit your reply alongwith documantry proof such as paid challan of service tax by your service provider etc.
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