17 December 2012
Whether a provider of taxable service can avail and utilise CENVAT Credit on Inputs and Capital Goods used in providing the taxable service if he is not registered under The Central Excise Act. However, the Service Tax Provider is registered under The Service Tax Act.
Rule 2(a) and 2(k) of CCR 2004 allow credit of Input and capital goods to a service provider also, hence you can book the credit of input and capital goods also.
19 July 2024
Yes, a provider of taxable service can avail and utilize CENVAT Credit on inputs and capital goods used in providing the taxable service, even if they are not registered under the Central Excise Act but are registered under the Service Tax Act. Here are the key points to consider:
1. **Registration under Service Tax Act**: Being registered under the Service Tax Act is sufficient to avail CENVAT Credit on inputs and capital goods used for providing taxable services.
2. **CENVAT Credit Rules**: The CENVAT Credit Rules, 2004 allow a registered service provider to claim credit on: - Inputs used directly or indirectly in providing the taxable service, - Capital goods which are used for providing the taxable service.
3. **Input Service Definition**: Inputs under the CENVAT Credit Rules include all goods used in the factory by the manufacturer of the final product, and it also includes services used in relation to providing output services.
4. **Conditions for Availment**: To avail CENVAT Credit, certain conditions must be met: - The inputs or capital goods must be used in or in relation to the manufacture of final products or providing taxable services. - Proper invoices or documents evidencing payment of service tax on input services must be maintained. - Compliance with accounting and other procedural requirements specified under the CENVAT Credit Rules.
5. **Documentation Requirements**: The provider of taxable services must maintain appropriate records and documentation to support their claim for CENVAT Credit. This includes invoices or bills for inputs and capital goods, as well as evidence of payment of service tax on input services.
In summary, as long as your client is registered under the Service Tax Act and the inputs or capital goods are used in providing taxable services, they can avail and utilize CENVAT Credit. They do not need to be separately registered under the Central Excise Act to claim this credit, as the credit pertains to services and not excisable goods.
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