CA Sujeet Kumar (Self-Practice) (738 Points)
07 June 2013Excise duty have been paid on car by tour and travel company and tour and travel company is giving services to customers and charging service tax by utilising car as capital goods after taking abatement of 60%. is cenvat of excise is available as credit? PLease give any special notifiacation, circular and case laws.
Saurabh Maheshwari
(B.com,ACA)
(5923 Points)
Replied 07 June 2013
In the entire Cenvat credit rules there is no combination of Cenvat credit(cap goods/inputs/input serv)+Abatment .....because it is always the first and foremost condition of claming abatment that no Cenvat credit to be taken..
MAHESH GARG
(AUDIT EXECUTIVE)
(334 Points)
Replied 07 June 2013
CENVAT Credit is not available to tour operator for any Input, Capital Goods and Input Service if abatement is claimed by the tour operator.
Refer notification no. 26/2012 of service tax
CAclubindia
