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IPR SERVICE TAX CREDIT

Vikasacc ( jOB/Practice) (59 Points)

18 February 2011

Dear Sir,

My client registered with Service tax department for IPR SERVICE As a Service receiver

He was paid Rs.90000/- in 2005-2006 for foreign Technology Purchased

can My client take credit the same amount which he paid through TR-6 CHALLAN Rs.90000/- ?

pLEASE SEND ME REPLY AT vikas_244 @ yahoo.co.in

thanks

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7 Replies

CA Unnikrishnan Nair N (Chartered Accountant) (2083 Points)
Replied 18 February 2011

Yes. Tax paying chalan is a valid document for cenvat cerdit in relation to import of service. I hope the correct for of chalan is GAR-7.

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Vikasacc ( jOB/Practice) (59 Points)
Replied 19 February 2011

Originally posted by : Unnikrishnan Nair N
	Yes. Tax paying chalan is a valid document for cenvat cerdit in relation to import of service. I hope the correct for of chalan is GAR-7.

Thanks for reply

But My question is Service Tax paid for IPR Service Tax Liability is eligible for Cenvat Credit

Thanks

soni chauhan (Service) (670 Points)
Replied 19 February 2011

"The Cenvat Credit Rules define ‘input services’ as services used, directly or indirectly, in relation to the manufacture of excisable goods. The definition includes other services such as those used in relation to setting up, modernisation and renovation of a factory, advertisement, sales promotion and market research. "

SO , u can avail cenvat credit of service tax paid on IPR Services.

CA Unnikrishnan Nair N (Chartered Accountant) (2083 Points)
Replied 19 February 2011

Yes. Service tax paid under reverse taxing for import of foreign technology service is a valid cenvat credit . Becase you have used that service for providing your output service namely IPR service.

1 Like

santosh (audit assistent) (41 Points)
Replied 20 February 2011

dear sir, whom so ever it may concern, sir i need information regarding service tax input credit can be taken by non manufacturing concerns or not if yes what are the mandatory requirements. what are the products can they take as input credit (means services received) & also i want to now what are the service's can be taken for central excise MOD vat credit. to their business related thanking you you can even mail me on my personal ID santosh access @ rediffmail.com

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CA Unnikrishnan Nair N (Chartered Accountant) (2083 Points)
Replied 21 February 2011

Cenvat credit in respect of input service can be taken by a manufacturer of excisable goods or provider of taxable service. For details of the scheme, pl. refer to Cenvat Credit rules ,2004.

Vikasacc ( jOB/Practice) (59 Points)
Replied 22 February 2011

Originally posted by : Unnikrishnan Nair N
	Cenvat credit in respect of input service can be taken by a manufacturer of excisable goods or provider of taxable service. For details of the scheme, pl. refer to Cenvat Credit rules ,2004.

Dear Sir,

I highly appriciated your Input

can you give me any case law/judgment in this regard?

Thanks