Cenvat Credit

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W.E.F. 1-4-08, the Govt has devised a formula for claiming cenvat credit in case of assessees providing taxable and non taxable servcies and also not maintaining separate records for input consumption of goods and servcies as per second option under rule 6(3)

Please inform whether the adoption of following basis is acceptable.

For the year ended on 31-3-2008 the income of the assessee consisted as under

Total value of Exempted Services provided                    Rs.120 Lacs

Total value of Taxable Services provideble                    Rs.20 Lacs 

Ratio                                                                                       120/20

Whether he should apply the above ratio to servcie tax paid on all im[put servcies received during the current financial year and work out the amount which can be claimed as dedcution from service tax payable?

Please send your replies.

regards,

s.s.kelkar

Replies (1)

Dear Sir,

As per current provision,as per Rule 6(3),If an assessee opts not to maintain separate accounts,in such case:

1)Output Service Provider shall have to pay amount equivalent to 8% of value of Exempted Service.

2)Else he will have to pay an amount equivalent to Cenvat Credit attributable to Input & Inut services used in or in relation to provision of Exempted service subject to conditions and procedures specified in Rule 6(3A)

keeping in view above provisions,method applied by assessee is incorrect. 


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