Service Tax input under CE

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Querist : Anonymous

Querist : Anonymous (Querist)

09 February 2011 Can we take service tax input against Construction bills amounted to RS. 5Crore for factory construction in Manufacturing Unit..

Thanks in Adavce

RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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10 February 2011 The input services for setting up modernisation are available as input services specifically. Whether the contractor charges on 67% abatment or under compostion or under Not 12/2003 is immaterial. The fact that the factory is used for manufacture of excisable goods at least partially is an important pre requisite. If that is met there is an eligibility. I understand that there is a circular which casts doubts on the same.

In this regards the settled law is that circulars cannot lay down the law they can clarify the law.

In the case of Ratam Melting the constituion bench has laid down that circular not in line with the law are not valid in law.

http://www.simpletaxindia.org/2010/07/service-tax-on-construction-service-wef.html

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