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SERVICE TAX INPUT CREDIT

Service Tax - Started By: - chandrashekhar bathini - Dated:- 12-2-2016 Last Replied Date:- 14-2-2016 - Respected sir,a Andrapradesh company paying service tax on construction activity @ 14.5% on 30% value of contract(cannot differentiate material and service portion),it purchasing inputs (cement, steel ,sand etc) in steel purchases invoice contains excise duty ,shall i get excise duty as input against output service tax - Reply By KASTURI SETHI - The Reply = Sh.Chandrashekhar Bathini Ji, Since y .....

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ENVAT credit of duties or cess paid on any inputs, used in or in relation to the said works contract, under the provisions ofCENVAT Credit Rules, 2004.] Accordingly, you cannot avail the credit of excise duty paid on inputs. The logic is that material value is abated from the taxable value and when value of material is not included, the question of allowing credit thereon does not arise. Also, please check - if it is original works, you should be paying tax on 40%, otherwise on 70% of the total .....

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f rule 2A of Service Tax (Determination of Value) Rules, 2006 it is laid down that in case of works contracts entered into for execution of original works, service tax shall be payable on forty per cent. of the total amount charged for the works contract. Notification No. 26/2012-dated 20.6.2012 (with effect from 1.7.2012) as amended vide Sl. No. 12 which is indicated as under: - [12. Construction of a complex, building, civil structure or a part thereof, intended for a sale to a buyer, wholly o .....

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