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Issue ID: 105707
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Cenvat Credit Under Reverse charge

Date 22 May 2013
Replies2 Replies
Views 1158 Views
Asked by
Cenvat credit under reverse charge: certain input services are claimable while cab rental and some works contracts are excluded.
Manufacturers paying service tax under reverse charge may avail CENVAT credit for manpower consulting, legal services, and intellectual property rights; renting of cab and works contract services are stated as not creditable under the Input Services Definition, although works contracts directly related to manufacture may be claimable while those for construction are not. (AI Summary)

Dear Experts,

We are manufacturer company and pay service tax under reverese charge machenism for following services.

1.Renting of cab 2.manpower consuting services 3. legal services 4. intelectual property write(IPR) 5. Work contract services.

Can we take cenvat credit of all services under reverese charge machenism.

Thanks

2 answers
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Replied on May 24, 2013
1.

You can avail the CENVAT credit on the followings:-

 

  1. Man Power Consulting Services
  2. Legal Services
  3. Intellectual Property Rights

CENVAT credit on  followings would not be available as it is specifically denied in the Input Services Definition:-

  1. Renting of Cab
  2. Works Contract Services
Like 0
Replied on May 27, 2013
2.

Ram,

Works contract service in relation to manufacture can be claimed as input.

Works contract with respect to construction can not be claimed

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