Can we take credit of service tax ?

This query is : Resolved

anckoora (Querist)
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14 October 2011 Dear Sir,

We Purchase Gold Studded Ornaments outright from a jewellery manufacturer. This manufacturer will use all his material to make jewellery for us. He will sell it to us under his invoice with VAT. Then we do branding of our Brand on these jewellery & then sell it in the market. Our turnover (from 1.4.11 to till today) is 1.44 Crores nett, i.e. excluding VAT/CST. We have already obtained Excise Regn (as Manufacturer). After crossing 1.50 crores, we will start charging excise duty (1% on branded jewellery) in our invoice to our customers.
While purchasing, our supplier is a pure simple jewellery manufacturer. So he doesn't charge excise on his invoice to us. Thus to avail CENVAT credit, we have no such purchases with excise. However, can we take credit of Service Tax paid on following :- (a) Monthly Marketing Consultancy Fee (b) Monthly Legal & Professional Fees (c) Monthly Advertising ( in newspaper,TV etc) Bills (d) Monthly telephone bills. IF YES, CAN WE ADJUST THIS AMOUNT AGAINST EXCISE DUTY PAYABLE ?
IF YES, UNDER WHICH RULE / NOTI. PLEASE GUIDE. Because on all above four services, we pay service tax of about 75000/- every month. If we can get this credit, then it will be good for us.
regards
anckoora

Madhukar N Hiregange

Madhukar N Hiregange (Expert)
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24 October 2011 The Cenvat Credit rules allow for service tax credits to be used to pay the excise duty. The restriction under Rule 6(3) may alsobe examined. In the article section there are articles on credit after the budget. You may refer the article.