TMI Blogservice tax credit eligible -regX X X X Extracts X X X X X X X X Extracts X X X X ..... we have received an professional service bill wherein they have obtained structural stability certificate for our factory building . In that invoice they have charged service tax @ 14% ST and SBC@ 0.50% My question is whether service tax paid on that is eligible for credit or not. Thanks Regards, S.Ramakrishnan - Reply By KASTURI SETHI - The Reply = Service Tax paid is eligible for Ce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nvat Credit as input service for providing taxable output service or payment of Central Excise duty on dutiable final product. No Cenvat Credit is admissible on SBC. - Reply By Ganeshan Kalyani - The Reply = I agree with Kasturi Sir view. - Reply By Rajagopalan Ranganathan - The Reply = Sir, With due respect to the views of experts I feel that structural stability certificate for your fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctory building is given to a newly constructed building. Service Tax paid on input services used for constructing a new factory building is not eligible for cenvat credit under rule 2 (k) of Cenvat Credit Rules, 2004 . On the same analogy service tax paid for obtaining structural stability certificate of your factory building is not eligible for credit. In respect of SBC no credit is available. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - Reply By Ramakrishnan Seshadri - The Reply = Dear Sir, Thanks for your reply. But the building stability certificate is not for the newly constructed building. It is for the already existing building. Thanks Regards, S.Ramakrishnan - Reply By KASTURI SETHI - The Reply = Dear Sh.S.Ramakrishnan and Sh.Rajagopalan Ranganathan Ji, With due honour, I respectfully submit that it makes no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... difference whether structural stability certificate has been issued for old (existing) building or new building. Cenvat credit is available on this service as input service as already explained . This service, inter alia, relates to immovable property as is evident from the definition of technical inspection and certification appended below for ready reference. The process of the service ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of issuance of such certificate is initiated only after the completion of new construction services or is issued for the old existing building to ascertain whether viable or not. The construction is over and the process of certification of immovable property starts. This service i.e. certification is meant for immovable property and not for construction services. In other words, construction ser ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vice is relegated to the background. The Engineer certifies the quality, standard, safety and viability of immovable property may be office building or factory building or shopping complex or any other building whether new or old. Though the under mentioned definitions are under erstwhile Sections but these are valid not only for statistical purpose but also for clarification of the concept.We can ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not ignore the fact that old accounting codes are still valid with the sole purpose to avoid any confusion regarding classification of the service. Pl. read the definitions between the lines and if I am in the wrong I would be happy to accept your opinion as education for me. As per Section 65 (105) (zzi) taxable service means any service provided or to be provided to any person, by a technic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al inspection and certification agency, in relation to technical inspection and certification; As per Section 65(108) , technical inspection and certification means inspection or examination of goods or [process or material or information techno-logy software] or any immovable property to certify that such goods or [process or material or information technology software] or immovable prope ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rty qualifies or maintains the specified standards, including functionality or utility or quality or safety or any other characteristic or parameters , but does not include any service in relation to inspection and certification of pollution levels; (109) technical inspection and certification agency means any agency or person engaged in providing service in relation to technical inspection a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd certification - Reply By Ganeshan Kalyani - The Reply = Detailed reply. Thanks. - service tax credit eligible -reg - Query Started By: - Ramakrishnan Seshadri Dated:- 21-12-2015 Service Tax - Got 6 Replies - Service Tax - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
