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Swachh Bharat Cecc .50 input credit shoud be elligible

Service Tax - Started By: - Swapneswar muduli - Dated:- 8-11-2015 Last Replied Date:- 18-11-2015 - Dear Sir, As per notification 22/2015 dated-06-11-2015 swath Bharat Cess .5 % would be applicable for all services. But not clarify regarding the input credit whether this cess is eligible for input credit or not. My question is that this cess is applicable in case of RCM also ? If we paid in under RCM is it eligible for input credit or not ? Is there any special Accounting code for payment this ce .....

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(SBC) at any time from the Govt. - Reply By MARIAPPAN GOVINDARAJAN - The Reply = I hope that Government will allow to take credit by making amendments in the CENVAT Credit Rules, 2004. - Reply By YAGAY AND SUN - The Reply = Let the Bharat be Swachh. Therefore, please do not talk about CENVAT credit on this new Levy. - Reply By Ganeshan Kalyani - The Reply = 1) Yes, this SBC is applicable under RCM also.2) As of now there is no amendment in CCR, hence CENVAT credit cannot be taken. 3) There is n .....

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d on services under Reverse Charge Mechanism. - Reply By GOKARNESAN.S SUBRAMANIAN - The Reply = Even if amendment is made in cenvat credit rules to allow SB cess as credit, the utilisation may be restricted to only service tax on output service and not to excise duty as no SB cess is payable on goods manufactured.hence, for manufacturer it is a cost onlyS.GokarnesanAdvocate - Reply By JAIPRAKASH RUIA - The Reply = There is no reason for restricting the credit as well as utilization of SBC across .....

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specific purpose, I am of the view that the same treatment may be given for this by Government for not allowing credit. Only Government has to decide the samegokarnesani - Reply By Ganeshan Kalyani - The Reply = To further amend the Swachh Bharat Cess Government has published Notification no.23, 24 & 25 / 2015-ST. Notification No. 23/2015-ST: Swachh Bharat Cess shall be leviable on the value after availing abatement as per Notification no. 26/2012-ST. Notification No. 24/2015-ST: Swachh Bha .....

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ax. Swachh Bharat Cess is not eligible as Input Tax Credit and has to be paid in Cash only and can't be adjusted from any CENVAT account. - Reply By Ashwani Rustagi - The Reply = SBC is not integrated in the Cenvat Credit Chain, therefore, credit for SBC would not be available. This has been clarified by the Govt. in FAQ. - Reply By KASTURI SETHI - The Reply = Sh.Ashwani Rustagi Ji, Thanks a lot for rightly updation. - Reply By ashish chaudhary - The Reply = There has been judgment of Karnat .....

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at Credit would be eligible even if there is no specific provision in the Cenvat Credit Rules to allow credit for the same. The rationale may be applied to SBC also as the proceeds of SBC would be first credited to Consolidated Fund of India and appropriation shall be made therefrom. One could evaluate taking credit relying on above judgment. The same may be availed and reversed under protest each month till judicial clarity emerges. - Reply By Manoj Agarwal - The Reply = All the issues raised h .....

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of SBC is not available as is clarified by CBEC in their FAQ's. Below for info of all and not to face any litigation.Q.14 Whether Cenvat Credit of the SBC is available?Ans. SBC is not integrated in the Cenvat Credit Chain. Therefore, credit of SBC cannot be availed. Further, SBC cannot be paid by utilizing credit of any other duty or tax. - Reply By Manoj Agarwal - The Reply = Dear CS Sanjay Malhotra,Have you read Point 12 of the link shared by me??And what is the legal validity of the FAQ .....

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ng upon judgment of Shree Renuka Sugars. To be on safer side, do not utilise the credit and reverse it in the same month under PROTEST. This could safeguard one against the time limit of one year in taking the credit in case the matter is decided in favour of assessee by Court in future. - Reply By Manoj Agarwal - The Reply = Point No. 12 of my article:- 12. The moot question is whether Cenvat Credit is available on SBC? Most of the subject experts are of the view that since SBC is not specifica .....

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