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Availment of abatement

CA.Mohammed Lakkadsha

A contractor providing taxable services under industrial & commercial construction services can choose different option for different contracts between avialing abatement and not avialing abatement and claimin cenvat credit. In nutshell option for abatement and CENVAT credit are qua contract and not qua service provider and hecne a different option can be exercised for each contract.

Abatement choice may be made per contract, permitting different CENVAT credit claims for separate contracts by a contractor. A contractor supplying industrial and commercial construction services may elect abatement for some contracts and not for others, and correspondingly claim or forgo CENVAT credit per contract; the option is qua contract rather than qua service provider, though this contract specific approach is noted to be clearly acceptable for works contracts and less certain for other services. (AI Summary)
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Surender Gupta on Oct 23, 2008
If you are taking about works contract, yes you may choose different options for different contracts. However, it is difficult to apply this principle to other services.
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