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Service tax on repair to machinery(urgent)

This query is : Resolved 
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(Querist)
05 December 2012 DEAR SIR

WE ARE PVT LTD CO. & SERVICE RECEIVER WE WANT TO DEPOSIT SERVICE TAX ON MAINTAINANCE OF MACHINERY.
PLEASE TELL ME THE OUR SERVICE TAX & LIABILITY & RATE & CAN WE AVAIL CENVATE AFTER DEPOSITING THE SERVICE TAX.

SUPPSOE MAINTAINANCE CHARGES RS 100/- THAN WILL WE DEPOSIT S.TAX ON 100X12.36% OR
75X12.36%

REGARDS
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Viral Vora

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Viral Vora (Expert)
05 December 2012 The service tax is payable in case of these works contract on 70% of the total amount charged.

As per explanation 2 to rule 2A(ii) the provider of taxable service shall not take cenvat credit of duties or cess paid on any inputs, used in relation to works contract under the provisions of CENVAT credit rules. this rule does not prohibit availment of credit on input by service receiver.

Service tax is to be paid 50% each by service receiver and provider . Entry No.9 of Not No.30/2012
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