Input Credit

This query is : Resolved 

11 November 2009 Dear Members,



Clarify whether, “Service tax input accrued during the period prior to excise registration is allowed against discharging excise duty”?. The Company has service tax registration under GTA and is not rendering any output services. Please let me know decided case law, if any, on the above.

Regards
Subrahmanya Hegde

12 November 2009 In my opinion if the input service on which input credit is accumulated is used in relation to manufacture of excisible goods then you can claim CENVAT credit for discharging excise duty. If it is not used in relation to manufacture of excisible goods then you cannot claim input credit. Further you cannot claim credit on outward GTA services

Profile Image

Guest

Profile Image

Guest (Expert)
12 November 2009 In case of GTA, its a service tax on availment of service. So that you can not utilise any type of cenvat credit to pay service tax under GTA.

One can utilise Cenvat credit on payment of service tax on output service. GTA an itself a tax on input service so that one can not utilise cenvat crdit to pay it.

12 November 2009 Dear Members,

Please note input service tax credit pertains to construction work for setting up a new power project for its captive use of manufacturing excisable goods (ferroalloys).

The Company has started construction of power plant in the year 2007 itself however the manufacturing of excisable goods (ferroalloys) was started in November 2008. The excise registration was done in the month of November 2008.

As the Company is not rendering any output service, it has to adjust with excise duty payable.The Company has availed the same but not utilised.

Department (during inspection) is of the view that service tax input pertains to prior excise registration period hence not allowable.

Please advise with case laws, if any.


You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now



Similar Resolved Queries


loading


Unanswered Queries



CCI Pro



Answer Query



Company
ARTICLESHIP 30 September 2026
CA Article Assistant

CA Suraj Garg & Associates

New Delhi

CA Final

View Details
Company
19 September 2026
Finance Manager

Mugdha Art Studio

Hyderabad

CA

View Details
Company
22 September 2026
Account Assistant

Chirag P Shah & Co. Chartered Accountant

Pune

B.Com

View Details
Company
ARTICLESHIP 15 September 2026
Freelance Taxation Content Writer Intern

Interactive Media Pvt Ltd.

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 07 September 2026
Article/ Paid Assistant

Murali and Sumeet Chartered Accountant

Bengaluru

CA Foundation

View Details
Company
08 September 2026
Semi-Qualified Assitant

Subrahmanyam & Sivudu CA Firm

Hyderabad

CA Inter

View Details
Company
Featured 21 September 2026
Consultant - Reporting

Finrep Advisors LLP

Mumbai

CA

View Details
Company
09 September 2026
SENIOR AUDITOR & ACCOUNTS MANAGER

Anupam Parashar & Co.

Ghaziabad

CA Final

View Details