05 October 2010
R/Sir, please help me out in the below mentioned query. suppose an hospital is providing 10 different services, out of which only 1 service is taxable as per the recent notification,hence service tax is collected only on such a portion of service, which is nominal in amount compared to other services rendered by the hospitals. But please suggest me whether the service tax paid( Cenvat credit availed ) on all the input services for i.e Telephone, internet charges, & others can be taken or not.
19 July 2024
In the scenario you've described, where an hospital provides multiple services but only one service is taxable under the recent notification, here’s how the input tax credit (Cenvat credit under previous regime or GST input tax credit under current regime) can typically be considered:
1. **Input Tax Credit Eligibility:** - Input tax credit (ITC) can generally be availed on goods or services used in the course or furtherance of business, provided they are used for making taxable supplies. - Even if only a portion of the hospital’s services is taxable, you can still claim ITC on inputs (like telephone, internet charges, etc.) that are used across the hospital’s operations, including the provision of taxable and non-taxable services.
2. **Attribution of Input Tax Credit:** - When inputs such as telephone, internet charges, etc., are used for both taxable and non-taxable services, you can typically claim proportionate credit based on the taxable turnover to total turnover ratio. - This is a common approach under both the previous Cenvat Credit regime and the current GST regime. It ensures that ITC is attributed to the extent it relates to taxable supplies.
3. **Documentary Requirements:** - It’s important to maintain proper documentation, such as invoices, bills, and other supporting documents, to substantiate the claim of input tax credit. - Ensure that invoices for input services clearly indicate the amount of tax paid, as this will be necessary to claim ITC.
4. **Consultation with Tax Advisor:** - Given the specific details of your hospital’s operations and the complexity of GST regulations, it’s advisable to consult with a qualified tax advisor or GST consultant. - They can provide tailored advice based on your hospital’s services, input usage patterns, and ensure compliance with GST laws while optimizing your input tax credit claims.
In summary, you should be able to claim input tax credit on inputs like telephone, internet charges, etc., even if only a portion of the hospital’s services is taxable. The key is to attribute the credit proportionately to the extent these inputs are used for taxable supplies, based on your turnover or other reasonable allocation methods.
CAclubindia
