15 April 2013
Facts of the Case: An assesse is providing exempted services as well as taxable services in the healthcare industry.
The proportion of exempted services is substantially high than taxable services.
However, he wants to utilise CENVAT Credit against the payment of service tax for taxable services provided.
There seems no benefit in opting options under Rule 6 wherein proportionate calculation is required.
However, if the assesse maintains separate accounts for exempted aw well as taxable services, CENVAT credit will be utilised.
Query: What are the guiding principles for maintaining separate books of accounts ? How to bifurcate payment of service tax against input services for the taxable and exempted services ?
16 April 2013
Rule 6 of the Cenvat Credit Rules 2004 deals with the availability of cenvat in case of Service provider is providing Exempted Service as well as Taxable Services. You should maintain the separate set of book of account one for Taxable service & another for Exempted services.
When you are receiving any CENVATABLE Invoice (Input Service Invoice ), & if you think that this service is exclusively used for providing Taxable service then claim full cenvat
When you are receiving any CENVATABLE Invoice (Input Service Invoice ),& if you think that this service is exclusively used for providing Exempted service then do not claim any cenvat
When you are receiving any CENVATABLE Invoice (Input Service Invoice ), & if you think that this service is used for providing both Taxable service as well as Exempted service then claim the proportion manner CENVAT by calculating Taxable & non Taxable Turnover ratio.
I want to know whether only Turnover principle can be applied for bifurcating the CENVAT as mentioned by Arvind or We can bifurcate the same on the basis of Cost Principle also.
Facts of the case: The assesse is paying rent for the building. Assesse provides taxable services as well as non-taxable services. Now this rent paid is for the whole building and taxable services form a small part of total turnover. Therefore, in this case, if we calculate on the basis of turnover then the percentage is very small. However, if we bifurcate the rent on the basis of area of building used for taxable and exempt services, then the assesse is able to utilise the CENVAT for taxable services.
The logic of turnover hold true where Capex is involved, but where expense is of recurring nature then bifurcation on the basis of cost centre should be done.
Also, as mentioned in the Rule 6(2), for separate maintenance of accounts, one should take cue of cost principles.
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