TMI BlogCenvat credit on Proportionate basisX X X X Extracts X X X X X X X X Extracts X X X X ..... 1)A proprietory firm is carrying on trading activities in yarn.They are yarn dealers for many yarn manufacturers. 2)They also get commission on sale of their yarn products every month. 3)o other actvity is carried on except yarn trading commission income. 4)Proprietory firm has incurred foll: common expenditure in carrying out above two activities from same premises: ---i)telephone /mobile exp - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... --ii)audit fees/c.a.consulting fees ---iii)constructon of office premises(major renovation rs.4 lacs)---eligible for 100% credit ---iv)office insurance ---eligible for 100% credit query:1)since firm is carrying out only one taxable service (other being trading of yarn)whether cen.credit on above expenditure can be claimed proportionately in ratio of yarn trading yarn commission ? 2)since there i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s only one taxable services whether whole amt. of cenvat credit can be claimed commission output services? 3)If no, then in what manner? - Reply By sudhir V S - The Reply = Dear Mr. Sunil, Rule 6 of CCR 2004 gives 3 options. I Maintain Separate accounts for taxable and non- taxable and avail CENVAT on taxable portion only. Option II - Take 100% credit and utilize only 20% of tax payable on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taxable output service. Option III pay (i.e reversal) CENVAT attributable to exempted service (based on previous year turnover proportion) by 5th of the next month and adjust based on the actual (current year proportion) by 30th June of next year. However 16 services 100% credit available. Therefore 1 proportion credit is possible based on option III (intimation etc required). 2. Full credit ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nnot be utilized at a time but possible over a period of time under option II. 3. Option II or III should be examined based on the facts. - Reply By sunil mehta - The Reply = In above case assessee is a trader in yarn and not a manufacturer.He carries out only one taxable service viz.commission income . Rule 6(1) speaks of ...."manufacturer of exempted goods or exempted services"...In above cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee is not involved in 'manufacturing'. Rule 6(2) states that..."and manufactures such final products or provides such output service which are chargeable to duty or tax as well as exempted goods or services, then, the manufacturer or provider of output service shall maintain separate accounts...." So, there is no taxable non-taxable services.Only one taxable service is provided. Pl. gi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve your opinionin ,in light of above clarification,whether (i) he will have to apportion cenvat credit available on input services as per trading turnover-commission ratio or(ii) he can avail 100% input service credit? or(iii)he can avail cenvat credit to the extent of 20% of output tax payable? - Reply By sudhir V S - The Reply = Dear Mr. Sunil the option III is available only for insurace Compn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay and hence the same may not to applicable to all categories hence either option I or II has to be opted for. - Reply By Surender Gupta - The Reply = Before getting solution to this query, it should be understood that no input service which is not used for providing taxable output service is allowed. However, there are various options available to manage the situation. Our legislatures have also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... recognized the difficulties that may arise due to common input services. Therefore certain provisions have been made under rule 6. Therefore, in my view you may either opt for 20% credit formula or actual (proportionate) credit based on certain acceptable calculations. I do not see any difficulty in availing cenvat credit based on trading : commission ratio as an alternative option. - Cenvat cre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dit on Proportionate basis - Query Started By: - sunil mehta Dated:- 26-12-2007 Service Tax - Got 4 Replies - Service Tax - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
