Service Tax; Cenvat Credit Sub-Rule 6(3) and 6(3A)

Queries 15281 views 13 replies

One of my clients are the service providers of Taxable and Exempt Services and seperate books of accounts are not maintained. To claim Cenvat on account of Input Services we have to follow sub-rule 6(3) and 6(3A). Some of the Input Services are common to both type of services while some are exclusively utilised for taxable or exempt services.

How the cenvat should be claimed in viw of the facts and the legal position?

How the option out of the two alternatives given in sub-rule 6(3) is exercisable?

How the Cenvat Register is to be maintained?  Whether it should be Service wise?

Whether any intimation is to be given to the department for the option to be exercised?

Replies (13)

hi

New rule 6(3A) specifically provided for the availment of credit when the manufacturer is not maintaining separate books of account.

Your client can avail so much of credit which is proportionate to the excisable goods/ taxable services . The same can be calculated according to the formulae provided for in the said rule .

Further, you are required to informed your jurisdictional superintended about it. All the formalities regarding it is provied in Rule 6(3A)

Dear Sir

On this site itself there is an article on common credits - confusion galore. Please have a look in the end of the article the possible method of availing the credit has been set out.

Regards

 

Our business concern with infrastructure and we are providing service in the category of SPC and STG,

if we purchased the capital goods from dealer then,

Can we setoff the excise duty against the Service Tax ,if manufacturee issue us the excise duty payment chalan for  the our purchased goods,

If yes, then how many percentage can we setoff against Service Tax.

Please reply soon

Thanks in Advance

 

What is the High Sea Sales Agreement and what is the advantage ?

 

mr.rajesh

credit can be taken on capital goods excise duty to the extent of 50% in the year in which the same is purchased and balance in the next year generally


 

 

Kindly let me know the how to avail the cenvat credit.

Regards

 

Rakhee Chitnis

 

cenvat credit on input of goodscan be availed before service tax registration is done if yes plz give the reference to your answer3

illustration :

if for the financial year 2007-08. suppose service tax registration takes place on 1-oct'07 ,can the assesse claim input credit of service tax paid during April'2007 to sep'2007 half year in case assesee is liable to pay service tax from Oct'07 onwards.

 

 What will be the minor head for service tax amount payable under Rule 6 (3)

If the first option is excercised u/s 6(3), the service tax @ 8% is required to be paid. This is to be paid when we collect the amount from the debtor. Is this tax is required to be paid on the amount collected in respect of services provided in financial year 2006-07.

Pls. suggest.

Dear Sir,

what is the formula for aviled CENVAT credit in rule 6 (3a) ?

If reversal made in end of financial year & st return must be filled within time i.e.Half Yearly what the prosuder of availed cenvar credit?

can any one provide illus on rule 6 amende dis year ... its in bangar ....

Dear CACLUBINDIA

Hotel availing facility of abatement on service tax of lodging bills. Cenvat is available on which type of expenses and how much can be claimed?. Mainly expenses are (1) Works contract for repairs & renovation (2) rent a car used for customers for to and fro airport paid by us (3) telephome & internet services free given to customers (4) House keeping and security services hired and paid to some agent (5) Get Printing of Books (6) Xerox (7) repair work labour only (8) Uniform suppliers (can it be works contrac ?) (9) Professional services rendered by doctor,auditors, meson,kadia,lawyer, etc. Waht does rule 6 (3) says for the same ?

Please enlighten the subject .

Narendra Shah

Sir,

We are dealing in crane hiring business one of our client is asking for service tax payment challan for the period 01.04.12 to 30.06.12.

But as per our books we are not liable to pay service tax because we had purchased 2 nos of new crane and in that we had paid huge amount of CVD & excise duty and the same may be adjusted / to take setoff for our monthly service tax liability.

you are requested to please suggest me what i can explain to my client as per service tax rule.

Thanks & Regards, Sudhir

 

 


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