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CENVAT CREDIT ON RENT

Service Tax - Started By: - Rajeev Khulbe - Dated:- 18-5-2016 Last Replied Date:- 2-11-2016 - GOOD EVENING TO ALL EXPERTS, I AM AGAIN HARE TO GET YOUR VALUABLE REPLY. EXPERTS OUR HEAD OFFICE IS SITUATED IN DELHI AND RENTED. WHICH RENT IS PER MONTH IS 1 LAKH. MY QUESTION IS THAT CAN WE TAKE CENVAT CREDIT OF SERVICE TAX IF BILL IN THE NAME OF BRANCH ( FACTORY) - Reply By KASTURI SETHI - The Reply = Sh.Rajeev Khulbe Ji, Can you prove that input service credit has been used in or in relation to the .....

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stributed proportionate to all factories based on the formula on the turnover basis prescribed under Rule 7 of CCR,2004 in the capacity of an Input service Distributor ( if you have not yet registered as ISD, you may have to get registered and then the common credit may be distributed) Best Regards Suryanarayana - Reply By Rajeev Khulbe - The Reply = Thanks both sir for your valuable reply.sir we are excisable unit situated in Uttarakhand.our head office is situated in Delhi. Sir we have 3 branc .....

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ood nor service..Renting is an output service and hence no CENVAT Credit not allowed to manufacturing units. Renting service does not qualify any of the criteria in Input service definition in case of manufacturing units.For e.g. CENVAT is allowed if one takes building on Rent and further sub-lets the same. - Reply By Ganeshan Kalyani - The Reply = Sri Sanjay sir the querist is asking that if his head office is taken on rent and whether the service tax on the rent paid amount is cenvatable or no .....

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Thanks. - Reply By KASTURI SETHI - The Reply = Sh.CS Sanjay Malhotra Ji, Sir, Pl. throw more light on the following points which emerge from your reply on this issue:- 1. W.e.f. 10.9.2004, cenvat credit has been allowed across the board. By this way has the Govt. not widened or liberalised the the scope of the term, in or in relation to the manufacture of the product'. 2. Head Office is being used for business meetings in relation to the manufacture of the excisable goods and other administ .....

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forward to your views for clearing the air and hence enrichment of my knowledge. Thanks & Regards. K.L.SETHI - Reply By CS SANJAY MALHOTRA - The Reply = R/ Sh. Ganeshan ji / Sh. Kasturi ji,Thanks for revert. I misunderstood the query. Agree with views of all experts.R/Sh. Kasturi ji, your mail Point No 3 is very important and needs to be reviewed for CENVAT Credit. Reference can be made to judgement as per the attached link to share thoughts further..http://www.cbec.gov.in/resources//htdocs- .....

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Reply = Sir I agree that geographical location between Head office and Factory is a criteria for CCR. - Reply By Rajeev Khulbe - The Reply = GREAT EXPERTS, THANKS FOR YOUR REPLY BUT TELL ME THAT WHAT IS THE CONCLUSION OF YOUR ANSWER . IS OUR COMPANY LIABLE FOR TAKE CENVAT CREDIT ON SERVICE TAX ON RENT. H.O HAVE NOT ISD CERTIFICATE - Reply By KASTURI SETHI - The Reply = Sh.Rajeev Khulbe ji, You can take credit only if H.O. is registered as ISD. Registration has become mandatory w.e.f.1.4.12. Tho .....

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