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Adjustment of Service Tax Input Credit

Queries 3347 views 5 replies

Dear All,

Our company has taken different projects in AP and we are providing different categories of Services like Erection & Commission, Work Contract Services, Constrcution Services,Maintenance & Repair etc.

The Service Tax department people contention is that adjustment of output service tax liability and Input Service Tax credit can be  done within the  project only, i.e., Input Service Tax Credit related to one project can only be adjusted with output service tax liability of that particular project and cannot be adjusted with other project output service tax liability.

In earlier period certian Input credits had been taken and now we have excess input credit as compared to output service tax liability in certian projects. But the Service Tax Department officers are not allowing the inter project adjustment of the Input Service Tax Credit.

Please suggest considering the fact that we are keeping separate record for exempted services and the above matter is related to taxable services only.

Regards.

Replies (5)

Provisions of service tax does not contain any provision for maintaining one to one co relation, you can take excess credit of one project to another project,

Dear Vaibhav,

Thanks for your valuable input.

As the objection has been raised by Service Tax Deptt officers, would you please update me with the relevant circular/case laws/clarifiacation etc. issued by any competent authority on the matter.

Rgds.

Judgement is attached, you can search more judgements, for a firm reply

I think this will help you, its supreme court judgement & exactly in your favour

The input services for one output service can also be used for payment of service tax on another output service.

Further you should ask the officer to show you the provision which bars the availment of credit of one project for another or one service category to the other. Cnevat being a facilitating provision, the interpretation is liberal and enabling.


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