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CENVAT credit on rent-a-cab hidden ambiguity that may allow credit despite of other restrictions

Cenvat Credit - By: - Venkata prasad Pasupuleti - Dated:- 15-9-2016 Last Replied Date:- 15-9-2016 - CENVAT credit on rent-a-cab - hidden ambiguity that may allow credit despite of other restrictions CA Venkata Prasad Denying of CENVAT credit on service of rent-a-cab is favourite to revenue officers. For the period upto 01.04.2011, courts/tribunals allowed the credit however with advent of specific exclusion in the definition of Input service so as to disallow the credit on rent-a-cab services, m .....

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t to cab/motor vehicle): (C) Motor vehicle designed to carry passengers including their chassis, registered in the name of the provider of service, when used for providing output service of - (i) Transportation of passengers; or (ii) Renting of such motor vehicle; or (iii) Imparting motor driving skills; As seen from the above, to treat cab (motor vehicle that transports passengers/persons) as capital goods, there are twin conditions to be met cab should be used for provision of specified s .....

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vehicle is used for providing specified services, it will be not be a CG in the hands of assessee owing to mandate of registration in the name of service provider in the CG def. Hence duty paid on such financed vehicle becomes cost & may require to be factored in lease instalments. As stated supra the IS def was linked to CG def which leaves impression that credit of service tax paid on cab rentals charges will be eligible if the cabs are CG but there seems to be some anomalies here as the .....

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