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Can service tax paid on labour contract service be adjusted

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Maheswar Dash

Senior Audit Officer

24 Points Posted on 14 May 2014

Can Service Tax paid on Labour contract service be adjusted against excise duty paid on products on Tax on MRP basis.

Dear All,

We are running a dairy industry.Can service tax paid on labour contract service be taken as input credit for excise duty paid on certain dairy products after abatement on mrp.We are manuafacturing six to seven categories of product where we are paying excise duty on mrp after abatemen on just two products.But the labourers are engaged for manufacturing of all products.

My Question is that.

1.Can Service Tax paid on Labour contract service be adjusted against excise duty paid on products on Tax on MRP basis.If Yes ,how?

Maheswar Dash

Replies (1)

Manish K.Gandhi

Superintendent

966 Points Posted on 10 April 2015

You can avail Cenvat Credit subject to certain condition and maintenance or records. As per Cenvat Credit Rules Cenvat Credit can be availed inputs/input services used for Dutiable products only. Where there are both dutiable and not-dutiable product, a separate registers for cenvat credit is required and you may take credit of input services which is used exclusively in dutiable product. if is not possible as the said worker worked on both products, in that case also you may avail Cenvat Credit but has to pay/reverse specific %age of value of non-dutiable product in terms of Rule 6(3) of CCR. Another option is given in Rule 6(3A) which allow proportionate reversal as per procedure and formula given therein which is somehow lengthy and clumsy.