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Service Tax Input Credit

Lokesh (CA) (33 Points)

27 September 2007

Is service tax input credit avaible on expenses incurred during a pre-operative period?

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7 Replies

Prakash Popat (3134 Points)
Replied 27 September 2007

Once after formations of company Preliminary Expenses adopted by the company vide proper resolutions,It's become parts and parcel of company accounts based on that You can Claim Input credit.You may have to face challenge by dept view.

MAHENDRA IYER (SERVICE) (315 Points)
Replied 27 September 2007

The basic requirement of taking Cenvat credit as pe Rule 3(1) is that the person taking credit must be te provider of out services. Further it is stated that they must be used in providing the output services. The inference from the definition would be that there should be a direct nexus between Input services and output services. On the other hand in case of general services in would be advisable not to take credit for pre-operative expenses.

Prakash Popat (3134 Points)
Replied 27 September 2007

It can be adjustable from Future Output services tax liabilities.

Dinessh Kumar (Articled Asst.,) (193 Points)
Replied 28 September 2007

Yes. eventhough you are providing service after incorporation, that pre-operative expenses are ratified by the co., and hence credit can be available

(Guest)

Whether unutilised Cenvat credit at the end of F.Y. can be carried forward and can be accounted for Cenvat Receivable and can be adjusted in the next F.Y. against Service Tax Payable.

Ashwani Kumar Mishra (Govt.Service) (37 Points)
Replied 05 October 2007

Whether unutilised Cenvat credit at the end of F.Y. can be carried forward and can be accounted for Cenvat Receivable and can be adjusted in the next F.Y. against Service Tax Payable.