Renting of immovable property service - by a manufacturer-Cenvat Credit

[Ganeshan Kalyani]

Dear Experts,

I request you to please go through the below scenario and request you to please through some light on the same:

‘A’ a head office of a manufacturing unit pays service tax under reverse charge mechanism. Apart from that ‘A’ is having some extra space in the same premises, which it has given to its Sister concern ‘B’. In return ‘A’ receives Rental income including service tax for proportionate area occupied by ‘B’. The service tax so collected is paid to Gvt by ‘A’ under renting of immovable property. Additionally ‘A’ also collects maintenance charges from ‘B’ along with service tax and pays the service tax so collected to Gvt.

Now, ‘A’ has incurred some expenses for Maintenance of entire premises which has service tax element in the invoice. The query is that can ‘A’ claim proportionate service tax credit on maintenance invoice while making payment of the service tax of rental income and maintenance charges so collected from ‘B’.

I am of the view that, the maintenance cost incurred by ‘A’ is for entire premises. Since ‘B’ is also occupying the space the credit on maintenance can be utilized to pay service tax on rental income and maintenance charges received from ‘B’.

Please share your views. Thanks.

 

AI Summary

Proportionate cenvat credit allowed for renting of immovable property; credit may discharge rent and maintenance service tax liabilities.
Proportionate Cenvat credit on input services for premises maintenance is available to a manufacturer who also provides renting of immovable property; the credit attributable to the leased portion may be utilised to discharge service tax on rent and recovered maintenance charges, subject to registration as a service provider and compliance with cenvat apportionment rules that restrict utilisation to the portion of input service used in supplying the taxable renting service.