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Can we get service tax / vat credit of labour charges / materials supplied debited by client in construction business?

akhil ghag (-) (35 Points)

28 July 2016

We construct real estate & infrastructure projects for government & private developers. Sometimes our clients (government & private developers) supply material or incur labour charges on our behalf. They debit us for such material & labour charges. Can we take cenvat credit of tax portion on such debits? If yes, are proper debit notes enough for taking cenvat credit or proper invoices are required?

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Madhukar N Hiregange (Chartered Accountant) (39034 Points)
Replied 29 July 2016

Supply of material ( inputs) which are billed to you need to be included in your value. No credit for works contract is eligible as on date.

Debit notes for labour containing all in info as per rule 4A like your name andaddress, regn no of supplier, st payable etc are equal to an invoice. Credit available. Again value tobe included in the value of gross wct. Service Tax liability at 15% on 40% for original works and 70% on others.