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SCOPE OF EXEMPTED SERVICES FOR CENVAT CREDIT

Service Tax - By: - Dr. Sanjiv Agarwal - Dated:- 1-9-2015 - Exempted Services [Rule 2(e)] Exempted services would include only services (not goods) which are taxable services but are exempt from the whole of service tax leviable thereon (such as services for which payment is received in foreign exchange or services rendered to Diplomatic Missions etc.). Exempted services will also include those services on which no service tax is leviable under the provisions of Chapter V of the Finance Act, 199 .....

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xempted services. W.e.f. 1.4.2011 exempted service shall include trading activity vide Notification No. 03/2011-CE(NT), dated 1.3.2011. W.e.f. 1.7.2012, it will include wholly exempt services, services under section 66B and services on which conditional abatement in allowed but excludes export of services under Rule 6A of Service Tax Rules. In Lally Automobiles (P) Ltd v. Commissioner (Adjudication), Central Excise 2013 (10) TMI 863 - DELHI HIGH COURT assessee, a dealer of motor vehicles, took c .....

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extended period of limitation and ordered pre-deposit of entire demand with interest. It was held that a dealer of motor vehicle was not entitled to credit of rent paid for building used for trading purposes; but, in case of services used for both trading activity and taxable services, reversal of credit may be sought on pro rata basis in ratio of value of two activities or on some other just, fair and equitable basis. [Also see: Henkal Chembond Surface Technologies Ltd. v. CCE, Thane II 2014 ( .....

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