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C&F Agent (Commision business cum trading business), Service Tax

Issue Id: - 106828
Dated: 23-5-2014
By:- kamal mall

C&F Agent (Commision business cum trading business)


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Dear Sir,

Our company is a C&F agent of a company and earning brokerage of 50 lacs and paying service tax. Our company also has Trading business with turnover of 400 crore and same have many agents for this sales. The agents are charging service tax on us. Now we want to adjust our output service tax with Input CENVAT. Whether it is allowable?

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Showing Replies 1 to 2 of 2 Records

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1 Dated: 23-5-2014
By:- Pradeep Khatri

Dear Kamal,

Trading is exempted activity under Service Tax Laws (i.e. Finance Act, 1994 as amended from time to time). Therefore you cannot avail the CENVAT credit on such services.

Regards,

Team YAGAY & SUN

(Consultants Indirect Taxes)


2 Dated: 26-5-2014
By:- Madhukar N Hiregange

The cenvat credit of commission paid to agents for services which are used for earning the brokerage services would be eligible. If they are exclusively used for trading activity then may not be available. If they are common then part credit would be available. See Rule 6 of cenvat credit rules for what part of common services is eligible.


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