Input service tax credit for Works contract

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KISHOR PATNI (Querist)
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14 April 2010 Company is engaged in the business of executing works contract where contracts are divisible into supply and services. Various input services are used for the purpose of supplying the material as well as services.
Can we take the input service tax credit for services used for supplying the material?
If yes, which clause of CENVAT Credit Rules or notification/circular allow us to do so. What documents do we require to maintain.

Madhukar N Hiregange

Madhukar N Hiregange (Expert)
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14 April 2010 Please examine the definiftion of input service. It includes services used in provding the output service. Therefore input services in relation to procurement of material is also available though the same maybe deducted under Not12/2003 or otherwsie.
However if Not 1/06 is adopted ( payment on 33%) then the input services are specifically barred.

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