Just a moment...

Top
FeedbackReport
×

By creating an account you can:

Logo TaxTMI
>
Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

Input credit in Restaurant Service

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nput credit in Restaurant Service<br> Query (Issue) Started By: - deepak gulati Dated:- 12-1-2016 Last Reply Date:- 14-1-2016 Service Tax<br>Got 4 Replies<br>Service Tax<br>Dear Experts, In Restraurant Service we are claiming Abatement of 60% as prescribed, the premises are on Rent and we are paying Service Tax on same. Please clarify that we should claim full Input of Service Tax paid on Rent o....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r we can claim 40% of same. Reply By PAWAN KUMAR: The Reply: Dear Sir, As per my view, you may claim cenvat credit of service tax paid to the extent of 40% amount. If you claim in full, proportionate cenvat is to be reversed as per rule 6 of Cenvat Credit Rules, 2004. Reply By PAWAN KUMAR: The Reply: Dear Sir, Please ignore my previous reply, There is no restriction on taking cenvat of input....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... services and capital goods except the inputs of chapter 1 to 22 of first schedule to central excise tariff, 1985. Therefore full cenvat credit of service tax paid on rent can be claimed. Reply By KASTURI SETHI: The Reply: The sale of food in the restaurant would amount to clearance of exempt goods. Therefore, the provisions of Rule 6 of Cenvat Credit Rules will be applicable for reversal of cre....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....dits.This is in addition to restrictions of inputs classifiable under Chapter 1 to 22 of Central Excise Tariff Act, 1975. Notification No.24/2012-ST dated 06.6.2012 (Explanation-2) refers. Other restrictions:- 1.Service Portion in the execution of a works contract and construction service 2. Renting of Motor Vehicles 3. Service of general insurance business 4.Servicing, repair and maintenance....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... of a motor vehicle which is not a capital goods 5. Such services which are used primarily for personal use of any employee Reply By MARIAPPAN GOVINDARAJAN: The Reply: I agree with Shri Kasthuri.<br> Discussion Forum - Knowledge Sharing ....