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Input service tax credit available to service provider in ca

Harshad Natu (Student- CA Final)     18 February 2014

Harshad Natu
Student- CA Final 
 1 likes  59 points

| My Other Post

Input service tax credit available to Outdoor Caterer in case of Abatement

Mr C is outdoor caterer providing outdoor catering service in the Marriage hall and paying service tax on 60%(Abatement 40%) of total value of Service provided. Marriage Hall owner Mr. H does not allow any other Caterer to provide Catering Service in his hall other than Mr. C. In return Mr. H charges Commission for giving exclusive catering rights. Mr. C requires to pay Commission Plus Service tax to Mr. H

1. Whether Mr C can claim credit of Service Tax Paid on Commission ie. Input service?
2. If yes, Full credit will be available or proportionate credit as per rule 6 of Cenvat Credit rules?
3. Whether similar treatment to be given in case of Capital Goods?
Thanking in Anticipation
CA. Kuldeep Singhi

CA. Kuldeep Singhi (Entrepreneur)     18 February 2014

CA. Kuldeep Singhi
 42 likes  424 points

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Outdoor caterer
Tax on 60% amount excluding State Vat (Composition Scheme) (Till 1-7-2012, it was 50%)
Cenvat credit of input services and capital goods is available. Cenvat credit on food items (covered under Chapters 1 to 22 of CETA) not available. Cenvat credit of other inputs is available.

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