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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 servi .....

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ost of the assessee s became ineligible for the credit from the year 2011 onwards. The relevant part of input service definition reads as under: (B) services provided by way of renting of a motor vehicle, in so far as they relate to a motor vehi .....

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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 .....

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ervices it should be registered in the name of service provider On reading of CG def, it is clear that if the vehicle is registered & used for provision of specified services then cab is CG in all other cases it is not CG , which gives impression .....

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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 .....

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definitions of IS & CG were not synchronized properly. One of condition to treat cab/vehicle as CG is that it should be registered in the name of service provider . The question now arises is that vehicle can be registered in the name of service .....

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ke of credit as CG then services of cab rentals also eligible. But mandate of registering the vehicle in the name of service provider would block this interpretation since such registration is inescapable condition for deciding the eligibility as CG .....

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