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cenvat credit under works contract service

jyoti kan

Dear sir/ maa'm

i m a builder registerd as works contract service under service tax department. After completing the construction of a building, i will hire a Agent/ Broker to sale that building and that broker charge me brokrage + service tax and i will pay the same. can i take credit of that service tax paid to the broker for the sale of building under works contract service.???

if there is ant law governing behind it please let me about it. i really want to find it.

 

Thanking you !!!

Builder Denied CENVAT Credit for Brokerage on Building Sale Due to 2011 Amendments Excluding Works Contract Inputs A builder registered under works contract service inquired about claiming CENVAT credit for service tax paid on brokerage for selling a building. Two respondents clarified that CENVAT credit cannot be availed for such services due to amendments effective from April 1, 2011, which exclude input services related to works contracts. The builder emphasized that sales promotion expenses, including brokerage, should qualify for credit under the definition of input services, which encompasses sales promotion and advertisement. The discussion highlights the distinction between input services and inputs under the works contract service regulations. (AI Summary)
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