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Service Tax Under Works Contract Composition Sche,

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Service Tax Charged under works contract composition scheme i.e. @ 4.12% by the service provider is availble as cenvat credit to Service Receiver of that service or Not?

As per my opinion the same is not cenvatable reason being that:

As per rule 3(1)(ix) of Cenvat Credit Rules 2004, cenvat credit is available only of the service tax leviable under section 66 of the Finance Act. Charging of service tax under composition scheme is not covered under section 66 of Finance act.

Charging of Service tax under composition scheme is stipulated in Rule 3(1) of “Works Contract (Composition Scheme for payment of Service tax) Rules, 2007” and the same has not been made available for cenvat credit as per Cenvat Credit Rule 2004.

Kindly suggest.

Replies (7)

Any body to reply please

Cenvat Credit of Input  Services and Capital Goods can be availed. However, Cenvat Credit of Input goods is not available.

Circular No 96/7/2007-ST dated 23-08-2007 , clarifies that Rule 3(2) of the WC (Composition Scheme) Rules 2007 provided that the service provider opting to pay ST uner the Cpmposition Scheme is not entitled to claim Cenvat Credit of duty on Inputs, used in or in relation to the said works contract, under the provisions of the Cenvat Credit Rules, 2004. However , there is no restriction  under notification No 32/2007 - ST dated 22-05-07 to avail the cenvat credit of duty paid on Capital Goods and ST paid on Inputts Services.

My query is different. For example I am a Principal Contractor and I am awarding sub-contract to sub-contractors. And my sub-contractors are charging service tax under works contract compostion payment scheme i.e. @ 4.12. Then whether I can claim the cenvat credit of service tax charged by sub-contractor @ 4.12%.

 

Kindly read my query carefully and reply.

Hi, Pankaj, here is your query answered.
 
The charging section for service tax is Sec. 66.  By virute of  WC (Composition) Rules, only the rate of tax mentioned.  Sec. 66 has been changed to 4 % and the levy is still under the charging section of sec. 66.  Hence, there should not be any problem in availing credit.

Rate of service tax mentioned under section 66 still is 12%. And 4% rate is mentioned under rule 3 of “Works Contract (Composition Scheme for payment of Service tax) Rules, 2007” and the same is not stipulated for availment of cenvat credit under cenvat creidt rules.

Then how can we take credit of the same.
 

please confirm me the rate of tax  on works contract tax under composition scheme


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