Service tax set off

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This query is : Resolved

Sameer Sunil Sawant (Querist)

08 February 2013 can we claim the service tax paid on services availed before starting the commercial production in a hotel industry? If yes what are the procedures we have to follow? Please guide with some notes.

Arvind Tiwari

Arvind Tiwari (Expert)

08 February 2013 It all depend upon the what type of services you have availed for. There is no express requirement in the cenvat rules which says that "there should be commercial production". I feel even before registraiton also if you have paid ST, you should be entitle for Full cenvat.
Cenvat on Input services are available as long as it is used or going to be used for providing taxable output services & it is not expressly covered by exclusion clause given under rule 2(l) of cenvat credit
rules 2004, Please also refeer the Rule 2C of valuation rules 2006 for opting for Composition rules.
In case of problem call me on 09322368699

Sameer Sunil Sawant

Sameer Sunil Sawant (Querist)

08 February 2013 Thank You so much sir.

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