A is a contractor registered under works contract service. A sub contracts the part of the contract to B. B charged service tax from A on labour services provided to A . Can A gets the credit on input services provided to A by B. B is registered under manpower suplly agency as providing labour services to A.
Works Contract ---- Input Service Credit
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Input service credit for works contract: service tax paid to a subcontractor for labour may be claimed as credit where used in providing the output service.
Whether a principal contractor under works contract services may avail credit for service tax charged by a subcontractor supplying labour: one view states no bar to claiming credit for input services used in providing the output service; an alternate view confirms that input service credit and duty on capital goods are available for works contract services and that Cenvat of service tax charged by a subcontractor can be availed. (AI Summary)
Whether a principal contractor under works contract services may avail credit for service tax charged by a subcontractor supplying labour: one view states no bar to claiming credit for input services used in providing the output service; an alternate view confirms that input service credit and duty on capital goods are available for works contract services and that Cenvat of service tax charged by a subcontractor can be availed. (AI Summary)
TaxTMI 