Sunil Kumar
(Indirect Taxation )
(1246 Points)
Replied 23 November 2016
Firstly. I am sure that you are aware of the creditability of motor vehicle. As there are so many restriction in to it. Nevertheless, you can take 100% credit. The restriction to avail 50% credit lies for fist year only. If assesee forget or due to any other reason not availed 50% of the credit in the first year. He can can claim the entire credit in next year.
Relevant Provision: Clause (a) of Sub rule (2) of Rule 4 of Cenvat credit rules 2004
Regards
Jitendra
(Internal Auditor)
(220 Points)
Replied 23 November 2016
Can you tell me meaning of aggregate of value of taxable service(for previous year) in case of threshold limit , I.e., net value or gross value???
Jitendra
(Internal Auditor)
(220 Points)
Replied 23 November 2016
Here you are talking regarding restrictions is registered with the name of assessee (rent a cab service), am I right???
Sunil Kumar
(Indirect Taxation )
(1246 Points)
Replied 23 November 2016
What type of service assessee is providing? Is it renting of cab?
Jitendra
(Internal Auditor)
(220 Points)
Replied 23 November 2016
Yes he is providing rent a cab service
Sunil Kumar
(Indirect Taxation )
(1246 Points)
Replied 23 November 2016
Aggregate value of taxable service for what pupose?
Jitendra
(Internal Auditor)
(220 Points)
Replied 23 November 2016
For basic threshold (previous year)
Sunil Kumar
(Indirect Taxation )
(1246 Points)
Replied 25 November 2016
Since you are providing the service of renting of immovable property, thus credit can be taken as it qualfy as capital goods.
Further, if you are availing the abatement make it sure that credit in respect of Capital goods is not availed.
Here is the relevant text of notification no 26/2012:
[(i) CENVAT credit on inputs and capital goods, used for providing the taxable service, has not been taken under the provisions of the CENVAT Credit Rules, 2004;
ii) CENVAT credit on input service of renting of motorcab has been taken under the provisions of the CENVAT Credit Rules, 2004, in the following manner :
a) Full CENVAT credit of such input service received from a person who is paying service tax on forty per cent of the value; or
b) Up to forty per cent CENVAT credit of such input service received from a person who is paying service tax on full value;
(iii) CENVAT credit on input services other than those specified in (ii) above, has not been taken under the provisions of the CENVAT Credit Rules, 2004.]
Further, there is no cancept of Gross or net under notification 33/2012 (SSP exemption). What you need to consider is taxable output services.
Regards
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