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Service tax charged on commission of sales

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(Querist)
23 February 2009 We are a manufacturing company. We are payming commission to third party for promoting our sales.On the sales commission third party charges Service Tax.
Whether we can take the credit of service tax charged on payment of commission related to sales.
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Ram Avtar Singh

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Ram Avtar Singh (Expert)
23 February 2009 Yes you can take cevat credit of sevice tax.
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CA Nitin Wadhwani

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CA Nitin Wadhwani (Expert)
23 February 2009 I think that since it is not a "input service" cenvat cannot be claimed.
But i think clarification is needed on this issue mr.ram
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