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Service tax paid under RCM for supply of manpower for garden maintanance

Service Tax - Started By: - deepak kalambate - Dated:- 26-11-2015 Last Replied Date:- 1-12-2015 - Dear Sir,We have a garden contractor and he is maintaing our garden on basis of fixed monthly amount. We are paying service tax on that under RCM.Please let us know whether we are eligible to take service credit of the same.If yes, please give board's clarfication on this.RegardsDeepak - Reply By Rajagopalan Ranganathan - The Reply = Sir, Garden creates better atmosphere and environment which in .....

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ctly, in or in relation to the manufacture of final products and clearance of final products upto the place of removal. However before taking the credit you seek the advice of your Range Officer or inform him that you are taking credit of service tax paid on gardening service provided by your contractor. Another interpretation is that you can avail the credit treating it as man power supply service provided by your contractor and the Department cannot have any objection. You need not tell that t .....

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the contractor who takes care of garden maintaining service is with the assesse then the service can be construed as manpower service and credit can be taken. Also the credit of the paid under reverse charge is allowed on challan based hence the invoice of the maintenence contract may not be asked by the service tax department and therfore they may not come to know for what service the service tax credit is taken. moreover if the service is of gardening maintenence then the provider of the servi .....

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like to say Sh.Ganeshan Kalyani has cemented Sh. Ranganathan's views. Fantastic reply indeed. - Reply By YAGAY AND SUN - The Reply = 2012 (10) TMI 32 - CESTAT, BANGALORE M/s. BASF India Ltd. Versus The Commissioner of Central Excise Mangalore Cenvat credit - input services - rule 2(l) - Service tax paid on watering of lawns, bougainvilleas, creepers, shrubberies and shadow trees, keeping them neat by regular planting and replanting and trimming and pruning etc. inside of appellant s factory .....

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