25 December 2013
sir, we are manufacturer of electrical goods in Maharashtra, we have got turn-key order from Tamil Nadu electricity board and some of our mfg.(structure) material we are sending through stock transfer with paying excise duty to our Chennai branch which is registered under Tan sales tax, branch is issuing us form "f" and consuming that material for making foundation (Civil work), our Chennai Branch is paying Service tax on 40% of Civil work and Vat as per prevailing rate on 60% of civil work in Chennai.
our question is can Chennai branch avail cenvat credit which has been paid by H.O.?, becoz our Chennai office is providing taxable services for the same material and paying again Service tax and Vat to government.
26 December 2013
sir, Head office is paying Excise Duty on stock transfer, and the same material is selling by branch under civil work which attract Service on 40% and VAT on 60%, i.e. providing taxable services to Tamil Nadu Electricity Board by branch, Our question were paid Excise by Head can be availed as credit in Branch, because branch is providing taxable services forthwith for the same material in Tamil Nadu. Now we are paying double taxes as Excise form Head office and Service Tax and Vat form Branch office. Therefore we asked can branch avail Excise benefits which has already been paid by head office.
26 December 2013
sir, Head office is paying Excise Duty on stock transfer, and the same material is selling by branch under civil work which attract Service on 40% and VAT on 60%, i.e. providing taxable services to Tamil Nadu Electricity Board by branch, Our question were paid Excise by Head can be availed as credit in Branch, because branch is providing taxable services forthwith for the same material in Tamil Nadu. Now we are paying double taxes as Excise form Head office and Service Tax and Vat form Branch office. Therefore we asked can branch avail Excise benefits which has already been paid by head office.
CAclubindia
