Cenvat credit

This query is : Resolved

kunal (Querist)
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07 January 2013 Sir
MR.A trading in flats & property on commission basis..
purchases 1 flat(under construction) and paid service tax on it AND after completion he sold it to another person..

now can he claim input credit against service tax on commission(commission on sale of other flats)??

Kaushik Vinod

Kaushik Vinod (Expert)
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10 January 2013 Dear Kunal,

The excluding Part of the definition in Rule 2(l) of CCR,2004 simply prohibit the Input of tax paid on works contract and construction Services unless you are not providing the same services of Works Contract or Construction.

Crux: Not Eligible for Credit See Rule 2(l) of CCR,2004 excluding Part from 01-07-2012.

Thanks

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