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Input Credit on Excise Duty paid for Output Service Tax

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..... Dear Sir, We are Pvt Ltd Company and registered under ST as Works Contractor Service... My Query is when we are purchased cements from vendors we paid Excise Duty which we will use for construction of residencial complex for sale and and other WCT works so we have pay Service Tax under WCT So my question is can we claim the Excise duty input against pay the Service Tax liability.. Please sugg .....

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..... est with Notification.. - Reply By Rajagopalan Ranganathan - The Reply = Sir, As per Sl. No.12 of Notification No. 26/2012-ST dated 20.6.2012 as amended Construction of a complex, building, civil structure or a part thereof, intended for a sale to a buyer, wholly or partly except where entire consideration is received after issuance of completion certificate by the competent authority is .....

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..... eligible to avail 30% abatement of gross amount charged for the contract provided (i) CENVAT credit on inputs used for providing the taxable service has not been taken under the provisions of the CENVAT Credit Rules, 2004. (ii) The value of land is included in the amount charged from the service receiver. - Reply By Ganeshan Kalyani - The Reply = In my view credit is not eligible. - .....

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..... Reply By Himansu Sha - The Reply = If you claim abatement on act, no credit on cements allowable. If you talk about gst where there is no abatement, credit on such goods allowable. But certain conditions have to be fulfilled - Reply By Himansu Sha - The Reply = Notf. 26/12 st has mentioned such condition not to avail credit on inputs - Reply By Gorantla Bhaskar Rao - The Reply = Dear quer .....

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..... ist, you cannot avail Cenvat Credit on inputs for providing such taxable service. This is a pre-condition for availing the abatement of 70% of the gross amount charged in terms of the abatement Notification 26/2012-ST dated 20.06.2012 as amended by Notfn.No.08/2016-ST Dt.01.03.2016 w.e.f 01.04.20116. I support the views of experts. - Input Credit on Excise Duty paid for Output Service Tax .....

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..... - Query Started By: - Indrajit Mondal Dated:- 12-6-2017 Service Tax - Got 5 Replies - Service Tax - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax .....

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