Service Tax Input Credit

This query is : Resolved

KETAN MODI (Querist)
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15 September 2009 We are into a Real-estate development business and there are certain procurement items we have purhchased incl. of Excise duty.

Now, my query is can we ask for set-off/ input credit of the same (i.e. Excise duty) against service tax payable?

Note: for F.Y. 09-10 there is no liability for service tax payment

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Ram Avtar Singh

Ram Avtar Singh (Expert)
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15 September 2009 no its not allowed

Shyam Lal Naik

Shyam Lal Naik (Expert)
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15 September 2009 The activity stated by you may fall under either of the following taxable catagory:-

1. Construction of Residential Complex
2. Commercial or Industrial Construction
3. Works Contract Service

For the 1st two, abetment of 67% in the value of Gross Amount charged is available in lieu of Cenvat on input services and inputs. For the 3rd catagory, you may opt for composition scheme, in liue of the above said cenvats.

In case, you do not take the abetment and / or composition, you are eligible for cenvat inter alia cenvat on inputs and capital goods(i.e. excise duty), subject to fulfilment of other conditions of Cenvat Credit Rules, 2004.

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