Service tax&excise

Kolluru Krishna Murty (Partner) (315 Points)

06 February 2012  

 

Sir,

I have some fundamental doubt.

All 3/4/5/7 star hotels operate on license agreements which envisage the following:

1.The owner builds,furnishes,makes ready the hotel property and hands over to the licensee like Hayat,Radisson, Marriott etc for operation on a fees basis.

2.The owner must have paid taxes like Excise, service tax etc on various payments made in construction period.

3.The licensee must be paying taxes on purchases in operation.

Now the question is:

1. Whether the owner gets the benefit of Cenvat of taxes paid by him during construction on operation of the property?

2.Whether the owner gets the benefit of Cenvat of taxes paid by licensee during operation?

This may be a common question, but please explain sir.

Thanks&regards,

K.Krishna Murty