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Cenvat Reversal Ratio U/R 6

Manoj Sharma

Sir,

We have business of Real Estate ( sale purchase of plots/shops etc and constructin house & sale etc) and have commercial units from which We receive Rental / Maint.

My Query is while calculating ratio for reversal of CENVAT U/R 6 for exempted service , should we require to add diffrence of value of sale purchase of above said plots/shops & house as exempted service ?

 Will the same fall in definition of 'Trading' .

Regards

Manoj Sharma

CENVAT Reversal for Real Estate: Rule 6 Clarifies Trading as Exempt Service with Specific Calculation Guidelines A query was raised regarding the calculation of the CENVAT reversal ratio under Rule 6 for exempted services in the real estate business, specifically whether the difference in value from the sale and purchase of plots, shops, and houses should be considered exempted services and fall under 'Trading.' The response clarified that if common services are used for both exempted and taxable goods/services without maintaining separate accounts, CENVAT credit must be reversed at 6% of the value of exempted goods/services. For trading, the reversal is based on the greater of the difference between sale price and cost of goods sold or 10% of the cost of goods sold. (AI Summary)
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NANDKUMAR SAGWEKAR on Jan 22, 2013

If you are using common services for both exempted goods / serices and taxable goods / services , and also taking cenvat credit on services and not maintaining separate accounts of input services utilised for output services then  you are required to reverse the cenvat credit taken on input services / goods  . The reversals would be 6% of value of exempted goods / services .
 

 in case of trading, shall be the difference between the sale price and the cost of goods sold (determined as per the generally accepted accounting principles without including the expenses incurred towards their purchase) or ten per cent of the cost of goods sold, whichever is more.

Thanks

A M SHEMBEKAR

CELL 91-9421187122

Chiplun Dist. Ratnagiri

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