Service tax

Dear Sir,

We are a manufacturer and trader we are taking CENVAT Creidt on Servicetax on Bank Charges & Commission now my doubt is can we avail it directly or should taken on proportionate(manufacturing and trading) ? please clarify us with Sections( if possible)

Replies (7)
If you are maintaining separate books of account than proportionate it. Otherwise follow rule 6 of cenvat credit rules where trading activities will be considered as exempted activity. There by pay a small percentage of tax as required and avail the full credit of your input credit without any separation. However you are not allowed to take credit of small amount paid.

In this regard the separate both activities regarding trading and manufacturing then you can take the benefit only manufacturing activities on the basis of input services not trader basis because trader only passed the excise duty they cannot be availed Cenvat credit in this regard.

Sorry harendra kumar please provide your answer clearly . Above answer is not clear.

Thanks for your Reply  Sir we are not maintaining separate books of accounts for trading & Manufacturing on Bank Transactions Then how would proprtionate it

and As you refereed CENVAT Credit Rules No 6 Paying of Small percentage of Tax on Which amount I.e means on Total Turnover or only on Total Servicetax

for Example Our Total Turnover is 235.37 Crs aprt from that Manufactuing is 98.38 Crs Trading sum is 136.99

Total Inpur Service Received 9,56 Lakhs (Bank Charges & commissions unidentified are 6.28 Lakhs ) Rest of balancel amount related to Manufacturing process identified then my qurie is on which amount we have to pay small percentage of Tax and how much (We aer already taken Input Credit on Total 9.56 lakhs amount )

 

 

Cenvat credit admissible only manufacturing activities exclude the trading activities and Cenvat credit taken only proportionate ratio.
 

Hi Madhavan,

First of all you can not take full cenvat credit if you dont follow seperate books for trading & mf.ing activities. We have to workout seperately as follows,

Total income (incl. of mfr & trading sales & other incomes if any)........

less: Non taxable income.......

Less: Exemption notification no. 33/2012

Taxable value for service tax.

 

 

you will have to follow the rule 6(3) for taking the cenvet credit

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