15 December 2011
thanks. Services provided are 1. tour operator & 2. renting of cabs. Sir, is your ans Yes for both the questions I had posted - incase of "A" & "B"
15 December 2011
Your client is claiming abatement under NN 01/2006- ST dated 01.03.06 and abatement under said notification is allowed subject to following conditions: Provided that this notification shall not apply in cases where, - (i) the CENVAT credit of duty on inputs or capital goods or the CENVAT credit of service tax on input services, used for providing such taxable service, has been taken under the provisions of the CENVAT Credit Rules, 2004; or (ii) the service provide r has availed the benefit under the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 12/2003-Service Tax, dated the 20th June, 2003[G.S.R. 503 (E), dated the 20th June, 2003].
Thus A can not take cenvat credit as per above Notification and as far as B is concerned it will be allowed as per provision of CENVAT credit rules, 2004. Means depends on the fact whether B can claim credit or not.
If u r satisfied by my reply then say thanks by clicking on "THANK USER".
CAclubindia
