Dears service tax experts-i have a query regarding builders

This query is : Resolved

Manoj Saini (Querist)
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10 April 2013
Dear All Experts,
My Query is as under …….
A Builder is engaged in providing service of construction of building/flats. He constructed Flats for sale to buyer. He has sales the flat including value of land and some payment received in advance. In same case service tax is applicable as “Construction Builder service”, and He has taken the abatement of 75% according the notification No. 26/2012 dated 20.06.2012. But now still I have a confusion regarding Input-Input Service-Capital Goods CENVAT credit. I have following Queries in same case :-
1. Builder can taken CANVET of Input service and capital goods along with the Abatement benefit according to which notification?
2. What is the difference between Input-Input Service and capital goods CENVAT?
3. Any specific condition/circulars for taken abatement and CENVAT for construction service.
Please clear my above doubts…

CA NIKHIL OZA

CA NIKHIL OZA (Expert)
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12 April 2013 1. Condition to avail 75% abatement has been amended and as of now there are 2 conditions:-
I) Consideration for flat should be inclusive of Cost of land
II) No credit of exice paid on INPUTS is claimed(earlier no cenvat credit was allowed).
As such credit of exice paid on capital goods and service tax paid on input services can be claimed.

2.For difference between input, capital goods and input service just go through there definitions.

3.Only 2 conditions which are mentioned as above.

For any further Query you can contact me on:-
nnozaca@gmail.com or +91 8149446650.

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