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Issue ID: 31
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Applicability of Rule 5 and 6 of CENVAT CREDIT RULES - export and domestic services

Date 22 Dec 2005
Replies 1 Reply
Views 1891 Views
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Cenvat credit apportionment: export-service credit may be used for domestic taxable services under Rule 5 conditions.
For a supplier providing both export and domestic taxable services without any exempt services, Rule 5 of the Cenvat Credit Rules prevails over Rule 6, obviating the need for separate books of account and permitting utilisation of credit attributable to export services for other taxable domestic services subject to Rule 5 conditions. (AI Summary)

if service provider who is providing both export and domestic services in and but not providing any exempted services in India, then whether he be restricted to Rule 5 of Cenvat Credit Rule, 2004 (so that he can escape the provision of maintaining separate books of account), or Rule 6 will apply to him.

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