Indirect Taxation
1246 Points
Joined May 2012
Since you are providing the service of renting of immovable property, thus credit can be taken as it qualfy as capital goods.
Further, if you are availing the abatement make it sure that credit in respect of Capital goods is not availed.
Here is the relevant text of notification no 26/2012:
[(i) CENVAT credit on inputs and capital goods, used for providing the taxable service, has not been taken under the provisions of the CENVAT Credit Rules, 2004;
ii) CENVAT credit on input service of renting of motorcab has been taken under the provisions of the CENVAT Credit Rules, 2004, in the following manner :
a) Full CENVAT credit of such input service received from a person who is paying service tax on forty per cent of the value; or
b) Up to forty per cent CENVAT credit of such input service received from a person who is paying service tax on full value;
(iii) CENVAT credit on input services other than those specified in (ii) above, has not been taken under the provisions of the CENVAT Credit Rules, 2004.]
Further, there is no cancept of Gross or net under notification 33/2012 (SSP exemption). What you need to consider is taxable output services.
Regards