Service tax input
This query is : Resolved
05 October 2015
Sir,
We are an authorized dealer of the product of Ashok Leyland Ltd in the state of Rajasthan.
We provide service in relation to repair & maintenance of motor vehicles(including heavy commercial vehicle/light commercial vehicles/cars etc.).In the course of servicing we take some support from outside also.
Part of service process is carried by the outside service provider & rest by us.
Then we make the bill with full amount on customer including service tax.
We take the input of service tax charged by the outside service provider for providing service of repair & maintenance.
Are we right in our approach?
We are an authorized dealer of the product of Ashok Leyland Ltd in the state of Rajasthan.
We provide service in relation to repair & maintenance of motor vehicles(including heavy commercial vehicle/light commercial vehicles/cars etc.).In the course of servicing we take some support from outside also.
Part of service process is carried by the outside service provider & rest by us.
Then we make the bill with full amount on customer including service tax.
We take the input of service tax charged by the outside service provider for providing service of repair & maintenance.
Are we right in our approach?
05 October 2015
you are a service provider and any service used by a service provider for providing output service do fall with in the definition of input service.you are entitled for the credit and approach appears to be correct.
Message likes :
1 times
05 October 2015
But we have received a notice for wrong availment of service tax input in accordance with exclusion clause (BA) of Rule 2(I) of Cenvat Credit Rules 2004.
How should we proceed?
How should we proceed?
05 October 2015
Notice is wrongly issued clause (BA) excludes only motor vehicle as capital asset. Here it is not a capital asset for the dealer.
05 October 2015
No.The clause excludes servicing of motor vehicle in all the cases other than when used as capital goods.
In our case it is not capital goods which means we would not be eligible for input as per that clause
In our case it is not capital goods which means we would not be eligible for input as per that clause
06 October 2015
Is there any way out.How should I proceed further
06 October 2015
you are not interpreting the law in correct manner.Rule (2l) is the rule and BA is exception.According to BA credit is not available if motor vehicle is not a capital goods for the service provider.suppose I am a service provider and have a car which is not connected with providing the service and so it is not a capital goods for me,here BA will be applicable.
In your case motor vehicle need not be a capital goods as you are providing a Taxable service to vehicle owner and are entitled for all the legitimate credit.
Just give a reasoned reply to your notice,you have a case to contest.
In your case motor vehicle need not be a capital goods as you are providing a Taxable service to vehicle owner and are entitled for all the legitimate credit.
Just give a reasoned reply to your notice,you have a case to contest.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- REGARDING GST ON COMMERICIAL PROPERTY
- Is this income indian or foreign income?
- 15ca /15cb whose income tax login? remitter or nri seller's login?
- GST on export of services and Input Credit
- Regarding Documentation & Compliances for Opening of Unit of Pvt Ltd.
- ITC temporary reversal and reclaim
- TDS U/S. 194NF
- RCM applicability on Rent Paid by Registered Person to Unregistered Landlord for Residental Building
- Applicable TDS rate for sale of property in Nov 2024
- GST ON EXPORT COMMISSION
- LAST YEAR 2022-23 ITC IN NEXT YEAR 2023-24 REPORITNG IN GSTR-9
- MIS MATCH OF INVOICE NUMBER
- IGST Credit-Show cause notice issued-confusion
- Issue of gst e invoice
- How to adjusted advances given or receipt
- Foreign vendor without PAN unable to to register due to non receipt of OTP on foreign number ?
- 133(6) DIN INVALID format error - ->WHERE TO REPLY 133(6) notice?
- Query for dubts
- Regarding einvoice taken on nil rated sales
- Strategical investment in Public listed company
Trending Online Classes
CAclubindia
