service tax
This query is : Resolved
Akhil Agrawal
(Querist)
22 July 2010
What will happen with the cenvat credit if the Company is doing both the trading of goods & the service providing activity & receiving the bills for say auditors fees, Rent etc. Will the Amount of bill be apportioned & hence the cenvat credit will also be distributed & can be availed only against the service providing activity. if yes in which proportion
ABHINAV AHUJA
(Expert)
16 August 2010
Yes amount will be apportioned.
Trading Activity falls neither in purview of output service nor is it a manufacture of goods.It is also not an exempt service.
However there is not explicit rules regarding this , following case law put light on this issue and can be used as rule
M/s ORION APPLIANCES LTD
Vs
CST, AHMEDABAD
Trading Activity falls neither in purview of output service nor is it a manufacture of goods.It is also not an exempt service.
However there is not explicit rules regarding this , following case law put light on this issue and can be used as rule
M/s ORION APPLIANCES LTD
Vs
CST, AHMEDABAD
Akhil Agrawal
(Querist)
17 August 2010
THANKS ABHINAV REALLY. I KNEW ABT THE RULE 6(3) BUT IN THAT IT WAS NOT WRITTEN ABT TRADING ACTIVITY. THANKS 4 GIVING A CASE LAW. THIS WILL SERVE MY PURPOSE
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