Cenvat credit - Works Contract composition

Dear Members,

A Ltd is engaged in turnkey contracts and is  registered under Works Contract Composition Schme of Service tax and paying 4.12% of Service tax.

A Ltd gets majority of its work done from sub-contractors who are also registered under Works Contract Composition Scheme.

Now the query is :

- Can A Ltd take the cenvat credit of the service tax  ( 4.12%) paid on the bills of subcontractors ( who are registered under Composition Scheme) ?

Appreciate if members could share their views or experience.

Thanks  and Regards,

Vishwanath

 

Replies (5)

 

Yes cenvat credit can taken. Input credit used for providing output service is eligible for cenvat credit.

Under composition scheme under works contract service cenvat credit can be taken against input services and capital goods and not against inputs. Hence, cenvat credit can be taken on service tax  ( 4.12%) paid on the bills of subcontractor.

Input service and capital goods are eligible for cenvat. Under given case, cenvat credit of sub-contractor service can be taken.

Cenvat Credit on Input material on which VAT has been paid and material used in W.C. cannot be availed. However Cenvat Credit in respect of Capital Goods and Input Services(even if they are provided by a sub-contractor registered under Works Contract Composition Scheme) can be availed.

Dear Experts,

we have given contract for making a Machine to work contractor. can we take cenvat credit on these material 50% or 100%. pl. advice.

Thanks 

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