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TMI BlogCENVAT Credit on Spare Parts used for RepairsX X X X Extracts X X X X X X X X Extracts X X X X ..... CENVAT Credit on Spare Parts used for Repairs X X X X Extracts X X X X X X X X Extracts X X X X ..... Vehicle/ Repairs of vehciles he also sales/uses spares parts purchased from manufactuer. Service Provider invocie for Spares and Service charges separately to his customer. Now I have following queries: 1. Since the spares purchased are used in Services/Repairs of the vehicle, whether he will be able to take credit of Excise Duty paid on spare parts purchased by him from manufactuers ? 2. Now, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Trading is forming part of negative list, whether in this condition he would be to take proportinate credit of Excise duty paid on sapres purchased? Please advice on above issue. Reply By sanjeev bajaj: The Reply: Mr. Abhijit, I was waiting for some opinion on this query, but not heard from any body. I am giving my opinion and would like to have discussion on the same from readers:- 1. Wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ether it is works contract or not. You are invoicing separately for spares and services although under same contract. 2. If it is works contract, then no credit on inputs will be available. 3. However, the credit for capital goods and input services are available. 4. To determine whether it falls under the definition of capital goods, you have to refer the definition of capital goods under clau ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se (a) of Rule 2 of Cenvat Credit Rule 5. In my opinion, if it is personal car for self usage, then it does not fall under the head capital goods. However, you have to refer the Excise Tarrif Act and the definition. Reply By Abhijit Dongaonkar: The Reply: I look to it with following prospective: 1. It is basically repairs and maintaince contract, although some portain, like denting and paintin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g activity will form part of works contract, otherwise no wct involved. 2. Trading activity is supportive the servicing activity. 3. Since trading form part of negative list, one can avail proportinate credit on spares parts purchased from manufactuere and sold to customer as part of trading activity. Regards Reply By sanjeev bajaj: The Reply: No credit for input used in the provision of exem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pted services is allowable(Rule 6 of Cenvat Credit Rule) Trading Activity is exempted services. Please refer clause (e) of Rule 2 of Cenvat Credit Rules read with sec 66B and sec 66D of the Finance Act, 1994. Hence, no credit of input towards trading activity. Thus, in some cases, where the item falls under the category of capital goods and used in providing of services, the credit will be allow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed. X X X X Extracts X X X X X X X X Extracts X X X X
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