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AI Drafter

Generate professional replies to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.

Step 1 – Issue Identification & Review

The AI analyses your query, notice, order, or uploaded documents and identifies the key issues involved.

• Review the issues identified by the AI
• Add, edit, remove, or refine issues as required


Step 2 – Draft Generation

Once you approve the issues, the AI performs issue-wise legal research and prepares a structured draft response.

• Relevant statutory provisions
• Judicial precedents and Supreme Court, High Court and other citations
• Issue-wise legal analysis
• Practical arguments and supporting content
• Professionally structured draft ready for further review.

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Input credit of service tax

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If the service provider is in providing service as well as tradgin opf goods, and the services he receives are used for boht purpose like telphone and all , so the input tax will be allowed 100% or 20%.
Cenvat credit eligibility clarified: full credit for exclusively used services, limited credit for common services. When a provider supplies taxable services and trades, apportionment rules limit Cenvat Credit. Full credit is available for services used exclusively for taxable services and for specified common inputs such as management consultancy; other common services attract a limited credit proportionate to the output service tax liability. Credits should be accounted for and treated separately when taxable and non taxable activities coexist. (AI Summary)
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Surender Gupta on Sep 2, 2006
In your case, Cenvat Credit is allowed to the extent of 20% of output service tax liability.
Madhukar N Hiregange on Sep 3, 2006
Dear Preeti, When along with taxable servcies exempted services or non taxable servcies are provided then the restriction applies. In my view though not specifically stated, if trading is also done the restriction should apply. You would be allowed to avail of 100% credit on the following: a. Services used exclusively for providing taxable services. b. 100% on common inputs specified in 6(5) such as management consultacny, etc. c. 20% of OUTPUT TAX payable for the other common services. Now it is not clear whether all are mutually exclusive. We are of the opinion that the credits are available indivdiually. You may have to account for the same separately.
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