Cenvat credit under Composition scheme

Queries 1553 views 4 replies
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MANAGER
145 Points Joined July 2007

DEAR SIR,

WE ARE A PAPER MANUFACTURING COMPANY.

WE HAVE MADE PAYMENT TO A CONTRACTOR TOWARDS ROAD CONSTRUCTION WORK.

THE CONTRACTOR IS REGISTERED UNDER SERVICE TAX COMPOSITION SCHEME & PROVIDED US A INVOICE WHICH IS ENCLOSED HEREWITH.

CAN WE CLAIM CENVAT CREDIT OF SERVICE TAX PAID AGAINST THIS INVOICE. I DOUBT.

IF WE CANT CLAIM CENVAT CREDIT ON THE BASIS OF THIS INVOICE.

WHAT IS THE CORRECT PROCEDURE TO CLAIM CENVAT CREDIT IN THIS CASE?

WILL A REVISED INVOICE HELP US?

KINDLY CLARIFY IN DETAIL & OBLIGE.

THANKS & REGARDS,

 

LALIT DHABRIA

Attached File : 25763 738569 road construction bill.zip downloaded: 239 times
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On 13 June 2011 at 10:22 Report
Replies (4)
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Chartered Accountant
284 Points Joined October 2009

Service Tax is not mentioned in the Invoice. it is a basic condition for claiming Cenvat Credit is that it should be separately mentioned in invoice.

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On 13 June 2011 at 11:31
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Expert
6394 Points Joined May 2011

Any service tax paid in purchasing the input service which is utilized for the output of the company is can be taken as input tax benifit but if it is not related than credit can not be taken.

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On 13 June 2011 at 11:40
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Chartered Accountant
2083 Points Joined February 2011

Construction of new road is ineligible cenvat credit snce 01-04-2011. Maintenance and repair is admissible.

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On 13 June 2011 at 17:04
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CA FINAL
120 Points Joined August 2009

Cenvat credit can not be availed against the invoice. For availing the credit the bill  should include following details like

1. service tax reg no

2. classification of service p[rovided.

3 Service tax amount to be charged separately

Nair Sir,

Please confirm whether credit can be taken if the party is a provider of Construction services in respect of commercial & industrial buildings,

Please advise if the party is

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On 13 June 2011 at 18:19


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