Service tax credit

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Querist : Anonymous

Querist : Anonymous (Querist)

16 January 2015 sir

we are manufacturers exporter

can we take service tax credit of rent a factory in excise

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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16 January 2015 Manufacturer who is paying central excise only can take credit of service tax paid on rent of factory.

Querist : Anonymous

Querist : Anonymous (Querist)

19 January 2015 Sir,

we can take credit & we can file cliam for refund also please clarify

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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19 January 2015 Yes you can claim refund. Please see the Rule and Notification.

Rule 5 of the Cenvat Credit Rules, 2004 states that where any input or input service is used in the manufacture of final product which is cleared for export under bond or letter of undertaking, as the case may be, or used in the intermediate product cleared for export, or used in providing output service which is exported, the Cenvat credit in respect of the input or input service so used shall be allowed to be utilized by the manufacture or provider of output service towards payment of duty of excise on any final product cleared for home consumption or for export on payment of duty or service tax on output service and where for any reason such adjustment is not possible, the manufacturer or the provider of output service shall be allowed refund of such amount subject to such safeguards, conditions and limitations, as may be specified, by the Central Government, by Notification.

NOTIFICATION No. 27/2012-CE (NT) dated 18.6.2012 issued under Rule 5 of the CENVAT Credit Rules, 2004 (CCR), provides for refund of CENVAT credit in respect of input or input service used in or in relation to manufacture of final product which is cleared for export under bond or letter of undertaking or input or input service used for providing output service which has been exported without payment of service tax.

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