Cenvat Credit

847 views 4 replies

there is a provision in Finance Act regarding-
if any service provider takes %ge based abatement then he will not be entitled to take any credit of Input/capital goods/service tax.

Is there any similar provision in Central Excise????

support your answer with legal provisions.

 

Thanks a Lot

Replies (4)

CENVAT CREDIT RULES ARE OF CENTRAL EXCISE ONLY WHICH IS APPLIED IN SERVICE TAX ALSO, 

INPUT CREDIT IS BARRED IN CASE OF EXEMPTION AVAILED.

The Cenvat Credit Rules covers both  Central Excise and Service Tax credits i.e for input and input services. The percentage of taking credit is is only applicable in case of credit on capital goods, where only 50% of credit can be taken in the year of procurement of the goods and the rest 50% in any subsequent financial year. You can refer to rule 4 of Cenvat Credit Rules 2004 where the manner of taking credit is given You can also refer to Rule 2 (i) of CenvatCredit Rules 2004  for definitions of input and input services.

Sorry Dear

I m asking about percentage based abatement and not about exemption. like fixed percentage abatement in Service tax 75% or 60% so on.

if any product has percentage based Abatement like 40% or 50% of excise then any credit of inputs can be taken? which is not permited in Service tax.

 

YES you can take input credit of abatement based item.

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