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Cenvat credit by a manufacturer of exciseable goods on intermediate services for construction of Building or civil structure after 01.07.2012

Harishanker Patel

as per rule 2(l)(A) of  CCR, 2004 service portion in the execution of a works contract and construction services including service listed under clause (b) of section 66E of the  Finance Act, (hereinafter referred as specified services) in so far as they are used for -

(a) Construction or execution of works contract of a building or a civil structure or a part thereof; or
(b) Laying of foundation or making of structures for support of capital goods,Except for the provision of one or more of the specified services are excluded in the defination.
So whether credit on other services eg manpower supply,hiring of JCB,Site preparation etc,used for Construction or execution of works contract of a building or a civil structure or a part thereof & Laying of foundation or making of structures for support of capital goods is available or not.

Manufacturers can't claim CENVAT credit on construction services post-July 1, 2012, due to rule amendments. Depreciation under Section 32 allowed. A query was raised regarding the availability of CENVAT credit for manufacturers on intermediate services used in construction after July 1, 2012. The issue concerned whether credits could be claimed on services like manpower supply and site preparation for building construction or civil structures. The response clarified that CENVAT credit on construction services is not available to manufacturers of finished goods due to amendments in the definition of goods and CENVAT Credit Rules since April 1, 2011. However, depreciation under Section 32 of the Income Tax Act, 1961, may be availed. (AI Summary)
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YAGAY andSUN on Jan 4, 2013

No CENVAT credit on Construction Service will be available to Manufacturer of Finished Goods.  The definition of goods has been amended since 01-04-2011 and the Cenvat Credit Rule, have been drastically amended in this regard.

You may avail the depreciation as allowed under the provisions (Section 32) of Income Tax Act, 1961

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