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Input service credit

Service Tax - Started By: - Swapneswar muduli - Dated:- 27-11-2015 Last Replied Date:- 29-11-2015 - Dear Sir,If we avail a work contract service for installation of machine and we paid service tax is it eligible for cenvat credit under input service ? - Reply By Ganeshan Kalyani - The Reply = Yes the service tax credit of the service tax charge in the invoice by service provider and the service tax paid under reverse charge both are eligible for credit. - Reply By Swapneswar muduli - The Reply = .....

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.11.15 has rightly advised you in respect of your query 109459 dated 27.11.15. Regarding the exclusion clause, it is second and separate question. You will have to go through the definition and meaning of word, 'Foundation' 'Structure' etc. and case laws on this issue. There is a plethora of judgments on this exclusion clause and decision can be arrived at after going through those case laws. Usage and functions of capital goods have to be kept in mind for ascertaining the admiss .....

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ure a machinery cannot start function and the machinery is useless. Therefore the credit is rightly eligible. There are plethora of case law supporting the contention. this is my view. - Reply By KASTURI SETHI - The Reply = I agree with Sh.Ganeshan Kalyani Sir. Beautifully explained. Now nothing has been left untouched. - Reply By YAGAY AND SUN - The Reply = Dear Swapneswar, To validate the replies submitted by our learned friends, please go through the following judgment in this connection. Reg .....

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oner of Central Excise Jaipur V. Rajasthan Spinning & Weaving Mills Ltd. [2010 (7) TMI 12 - SUPREME COURT OF INDIA] and held that the Tribunal was justified in allowing the assessee's contention in respect of the very same assessee. - credit allowed - decided in favor of assessee. - Reply By MARIAPPAN GOVINDARAJAN - The Reply = A fine discussion on the subject matter by our learned experts. - Reply By KASTURI SETHI - The Reply = Ms.YAGAY and SUN, Dear Sirs, Thanks for posting the judgeme .....

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