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Availment of Service Tax credit in respect of CSR activities

Guest

Dear Sir,

Please advise on the following, we are incuring some expenses on account of CSR(Corporate Social Responsibility) activities on which it has to pay Service tax for some of the services provided.

Can we take Credit of the Service tax paid ,thanks and regards.

Service tax credit eligibility for CSR expenses remains contested, hinging on nexus with taxable business activities. Whether service tax input credit may be availed for Corporate Social Responsibility expenses is contested; contributors note conflicting views where CSR is characterised as a statutory or non business obligation under the Companies Act and therefore lacking the required nexus to taxable outputs, while others assert credit eligibility; advertising for CSR purposes (e.g., holiday congratulations) is specifically raised as a practical query hinging on nexus and the nature of the activity. (AI Summary)
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Akash Deep on Oct 7, 2016

Yes, you cant take credit as CSR activities are statutory obligations under section 135 of the Companies Act.

Ganeshan Kalyani on Oct 7, 2016

Service tax credit is eligible.

POLYPLEX CORPORATIONLTD on Oct 10, 2016

Whether we can take credit on News Paper Advertisement & TV advertisement in respect of 1congratulations wishes on national holiday i.e. Independence, Diwali, Holi, Republic day.

DR.MARIAPPAN GOVINDARAJAN on Oct 10, 2016

Dear Shri Sandesh Shinde you are not eligible for taking credit for the CSR activity since the same is not belonging to the activities relating to manufacture. If CSR is made mandatory it may be possible. But not it is only voluntary.

DR.MARIAPPAN GOVINDARAJAN on Oct 10, 2016

To Polytex Corporation Limited - you cannot take credit.

Ganeshan Kalyani on Oct 10, 2016

The direct nexus is not there in case of CSR. So the eligibility of credit is contentious.

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