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Service tax
Dear Sir,
I would like your help on the follwing:-
One individual has imported purcahsed crane for the business of hiring.On the import it has paid the excise duty.
1. Can the amount of excise duty paid on import can be claimed as settoff against the service tax raised on hiring charges
2. since the cenvat amount is huge and cannot be setoff against the income within 5 years, can the same be claimed as Refund.
3. After claiming of setoff against the service tax liability if the party sells the machine within 2 years. Is the same possible?
4. Do's and don'ts in the above cases as appliable
Thanks in Advance
Replies (1)
The CVD paid on import can be utilised for payment of Service tax. 50% in the year of receipt and the balance in the next year.
There is no provision for refund of unutilised Cenvat.
If the machine is sold after two years, th seller has to reverse an / or pay 80% of the amount of cenvat taken at the time of selling the machine.
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