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Construction of new factory and input service tax credit

Service Tax - Started By: - govindaraj kolappan - Dated:- 21-2-2016 Last Replied Date:- 24-2-2016 - Dear Sirs / MadamWe are an export unitgoing for expansion of factory buildingthe construction contract is given to a builder Builder is charging service tax @ 40% of the construction value @14.5% Question : whether this service tax credit can be taken as input credit of other out put services performed within India if not , whether we can apply for refund against the export to be made out of the n .....

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s and Indirect Tax Consultants) - Reply By MARIAPPAN GOVINDARAJAN - The Reply = You cannot take credit and also cannot get refund as opined by Yagay and Sun. - Reply By CS RAHUL AGARWAL - The Reply = Whereas CCR 2004 restricts the cenvat credit of input & input services used in construction activity, still there as so many judgements wherein appellate authority have held eligibility of credit of construction activity. The recent case on above may be referred in 2016 (2) TMI 417 - CESTAT MUMB .....

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