TaxTMI 
TaxTMI 
service tax input credit on construction on Rain Water Harvesting System
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....ervice tax input credit on construction on Rain Water Harvesting System<br> Query (Issue) Started By: - RAM SHARMA Dated:- 11-2-2017 Last Reply Date:- 15-2-2017 Service Tax<br>Got 8 Replies<br>Service Tax<br>Dear Experts, Whether we can take service tax credit of construction Rain water harvesting System ? We have book this expenses in our accounts Building Under Construction head. Please advice.....
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.... Thanks & Regards Reply By Rajagopalan Ranganathan: The Reply: Sir, According to rule 2 (l) of Cenvat Credit Rules, 2004 "input service" means any service, - (i) used by a provider of output service for providing an output service; or (ii) used by a manufacturer, whether directly or indirectly, in or in relation to the manufacture of final products and clearance of final products up to the p....
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....lace of removal, and includes services used in relation to modernisation, renovation or repairs of a factory, premises of provider of output service or an office relating to such factory or premises, advertisement or sales promotion, market research, storage upto the place of removal, procurement of inputs, accounting, auditing, financing, recruitment and quality control, coaching and training, c....
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....omputer networking, credit rating, share registry, security, business exhibition, legal services, inward transportation of inputs or capital goods and outward transportation up to the place of removal; but excludes,- (A) 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 a....
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....s 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. You have said construction of rain water harvesting system and I infer it is fresh c....
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....onstruction. For this if you engage a contractor to execute the construction of the system only then you are eligible to avail the credit. If you engage such service for repairing etc., then you are eligible to take the credit. Reply By YAGAY AND SUN: The Reply: Well, if it is Statutory Obligation then you may avail the CENVAT credit. Even maintaining Green Area in factory premises according to ....
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....the Pollution Consent are eligible to avail the CENVAT credit. Reply By RAM SHARMA: The Reply: Dear Experts, We have build this rain water harvesting system through execution a work contract and pay service tax 40% of value. Yes, it is the legal requirement for the company. Please clarify. Thanks & Regards Reply By YAGAY AND SUN: The Reply: If it is statutory obligation then you can avail ....
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....the CENVAT credit. Reply By KASTURI SETHI: The Reply: I support the views of M/s. YAGAY AND SUN, experts. Reply By Ganeshan Kalyani: The Reply: I am also of the same views as expressed by my learned experts. Thanks. Reply By RAM SHARMA: The Reply: Thanks to all Experts, It means we can take service tax credit on Legal Requirement basis. Reply By Ganeshan Kalyani: The Reply: Yes, if the ra....
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....in water harvesting is essential for a factory to get license under factories act. Like for eg without pollution control equipment in a factory, factory license cannot be obtained . Thus Cenvat Credit on pollution control equipment is eligible.<br> Discussion Forum - Knowledge Sharing ....