Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *   CBIC issues draft rules for Customs valuation *  Top Headlines: Threshold for Benami deals, green bond investors, and more *  Govt aims 1-hour clearance for goods at all ports *  Exporters Allowed To Use RoDTEP, RoSCTL Scrips To Pay Customs Duty, Transfer Them; Rules Amended *  Millions of labourers to be affected by brick producers’ strike over hike in GST, coal rates *  Inauguration of ‘kendriya GST parisar’ *  Transporter can seek Release of Conveyance alone, not Goods under GST Act: Madras HC *  GST: Quoting of DIN Mandatory for Responding to Notice, Govt Modifies Portal *  Firms can soon file claims for GST credits of ?400 cr *  CBIC issues modalities for filing transitional credit under GST. *  Mumbai: Man creates 36 fake GST firms, arrested for input tax credit fraud of Rs 23 cr *  Report to restructure Commerce Ministry under study; idea is to set up trade promotion body: Goyal *  Firms can soon file claims for GST credits of ?400 cr *  Gambling Alert! Govt May Levy Up To 28% GST; UP, Bengal Back Move *  EPFO backs raising retirement age to ease pressure on pension funds *  India Moving Up Power Scale, Set to Become Third Largest Economy By 2030 *  Airfares Get Expensive: What Changes for Flyers From Today? *  IRCTC Latest News: Passengers to Pay More For Cancelling Confirmed Rail Tickets Soon. *  IBC prevails over Customs Act, says Supreme Court. *  As GST enters sixth year, a time for evaluation and reassessment *  There’s GST on daily essentials as Centre needs money to buy MLAs: Arvind Kejriwal *  Now, GST on cancellation of confirmed train tickets, hotel bookings *  GST kitty for top States could rise 20% in FY23, says Crisil *  French customs officials seize another cargo vessel over Russia sanctions *  TradeLens builds on Asia momentum with Pakistan Customs deal *  Hike tax on tobacco, reduce affordability & increase revenue: Civil society organizations to GST council *  Bihar: ?10 crore tax evasion on tobacco products detected in raids *  Centre failed on GST, COVID; would it be anti-national? Rajan on Infosys row *  Service Tax not Chargeable on Income Tax TDS portion paid by recipient: CESTAT grants relief to TVS *  Foreign portfolio investors make net investment of Rs 7575cr in Sep so far
Subject News *  Run-up to Budget: Monetary threshold for GST offences may rise to Rs 25 cr *   GST (Tax) E-invoice Must For Businesses With Over Rs 5 Crore Annual Turnover *   Both Central GST and excise duty can be imposed on tobacco, rules Karnataka high court *   CBIC Issues Clarification On Extended Timelines For GST Compliance *   CBIC Issues Clarification On Extended Timelines For GST Compliance *  Budget 2023- 9.6 crore gas connections *  GST: Tamil Nadu Issues Instructions for Assessment and Adjudication Proceedings *  GST: CBIC Extends Last Date for filing of ITC *  GST collection in September surpasses Rs 1.4 lakh crore for straight seventh time *  Dollar smuggling case: Customs chargesheet names M Sivasankar as key conspirator. *  Hike in GST rates fuels inflation *  Assam: CBI arrests GST commissioner in Guwahati *  GST fraud worth ?824cr by 15 insurance Cos detected *  India proposes 15% customs duties on 22 items imported from UK *  Decriminalising certain offences under GST on cards *  Surge in GST collections more due to higher inflation: India Ratings *  MNRE Notifies BCD and Hike in GST Rates as ‘Change in Law’ Events But With a Condition | Mercom India *   Solar projects awarded before customs duty change allowed cost pass-through *  Rajasthan High Court Dismisses Writ Petitions Challenging Levy Of GST On Royalty *   GST revenue in September likely at Rs 1.45 lakh crore *  Govt working on decriminalising certain offences under GST, lower compounding charge *  Building an institution like GST Council takes time, trashing is easy: Sitharaman *  GST collections in Sept may touch ?1.5 lakh crore *  KTR asks Centre to withdraw GST on handlooms *  After Gameskraft, More Online Gaming Startups To Receive GST Tax Claims *  Madras HC: AAR Application Filed Under VAT Does Not Survive After GST Enactment *  Threshold for criminal offences under GST law may be raised *  Bengaluru: Gaming company faces biggest GST notice of Rs 21,000 crore *  CBIC clarifies Classification of Cranes for GST, Customs Duty *  Customs seize gold hidden in bicycle in Kerala airport  

Comments

Print   |    |  Comment

PJ/CASE STUDY/2010-11/30
20 November 2010

Utilisation of credit on input services falling under Rule 6(5) of CCR, 2004

 

PJ/Case Study/2010-11/30

 

 

CASE STUDY

 

Prepared By:

CA Pradeep Jain and

Sukhvinder Kaur, LLB [FYIC]

 

Introduction: -

 

In Rule 6 of the Cenvat Credit Rules, 2004 it has been provided that credit cannot be availed on inputs or input services in the manufacture of exempted goods or in providing non-taxable services. However, in Rule 6 (5) exception has been provided that in case specified input services are used then 100% credit can be utilized for discharging service tax liability. In the case under study the issued involved was whether the Noticee was using the input services falling under Rule 6 (5) of the said Rules making them eligible for using 100% credit for paying service tax.    

 

Relevant Legal Provisions: -

 

Rule 6 (3) of Cenvat Credit Rules, 2004:

 

(3) Notwithstanding anything contained in sub-rules (1) and (2), the manufacturer of goods or the provider of output service, opting not to maintain separate accounts, shall follow either of the following options, as applicable to him, namely:-


(i) the manufacturer of goods shall pay an amount equal to five per cent. of value of the exempted goods and the provider of output service shall pay an amount equal to six per cent. of value of the exempted services; or.


(ii) the manufacturer of goods or the provider of output service shall pay an amount equivalent to the CENVAT credit attributable to inputs and input services used in, or in relation to, the manufacture of exempted goods or for provision of exempted services subject to the conditions and procedure specified in sub-rule (3A).


Explanation I.- If the manufacturer of goods or the provider of output service, avails any of the option under this sub-rule, he shall exercise such option for all exempted goods manufactured by him or, as the case may be, all exempted services provided by him, and such option shall not be withdrawn during the remaining part of the financial year.

Explanation II.-For removal of doubt, it is hereby clarified that the credit shall not be allowed on inputs and input services used exclusively for the manufacture of exempted goods or provision of exempted service.

 

Rule 6 (5) of the Cenvat Credit Rules, 2004:

 

(5) Notwithstanding anything contained in sub-rules (1), (2) and (3), credit of the whole of service tax paid on taxable service as specified in sub-clause (g), (p), (q), (r), (v), (w), (za), (zm), (zp), (zy), (zzd), (zzg), (zzh), (zzi), (zzk), (zzq) and (zzr) of clause (105) of section 65 of the Finance Act shall be allowed unless such service is used exclusively in or in relation to the manufacture of exempted goods or providing exempted services.

 

In the case of M/s Hotel Rawal Kot (The Indian Hotels Pvt Ltd), Jodhpur

[Order-in-Original No. 644/ST/2009-10, Dated: 27.07.2010]

 

Brief Facts: -

 

-           Noticee is engaged in Hotel Business and is registered under the Service Tax Department.

 

-           On scrutiny of the ST-3 filed for half-year ending March 2006, Department alleged that Noticee is providing both taxable and non-taxable service and is not maintaining separate accounts. Therefore, it was contended that as per Rule 6(3) (c) of the Cenvat Credit Rules, 2004 the Noticee could use 20% Cenvat credit to pay the service and the remaining 80% was to be paid in cash.

 

-           It was alleged against the Noticee that they have irregularly used cenvat credit to discharge their service tax liability which was to be discharged in cash and thereby have contravened the provisions of Rule 6 (3) (c).

 

-           Thus, show cause notice was issued for recovery of amount irregularly used from cenvat credit with interest and penalty was also sought to be imposed. 

 

Noticee’s Contentions: -

 

·                      The Noticee admitted that they were providing taxable as well as non-taxable service.

 

·                      It was however, contended that they were taking cenvat credit on two type of input services. One type of input services were mentioned in Rule 6(5) of the CCR, 2004. The other is normal input services. On this second type of input services, the clause of Rule 6(3)( c) is applicable and it can be used upto 20% of service tax payable on output services. The second type of services were listed in Rule 6(5) and these were used for providing taxable as well as exempted services. The Rule 6(5) says that Rule 6(1), 6(2) and 6(3) is not applicable to this rule. This implies that the input services listed in rule 6(5) then we can use the 100% Cenvat credit. The limit of use of Cenvat credit upto 20% of output service mentioned in Rule 6(3) during the relevant period is not applicable in this case.

 

·                      It was contended that since limit of 20% was not applicable on these input services. Hence the show cause notice should be dropped.  

 

Issue Involved: -

 

The issue involved in this case is that

 

Whether the Noticee is taking Cenvat credit of input services which are specified in Rule 6 (5) of CCR, 2004 and whether 100% credit can be used for paying the service tax.

 

Reasoning of the Order: -

 

Ø                   The Deputy Commissioner noticed that the Noticee had taken cenvat credit on input services which were specified in Rule 6 (5) of CCR, 2004 and these input services were also used in providing taxable services.

 

Ø                   Accordingly, it was held that as per Rule 6 (5) of CCR, 2004, against the service tax liability, the Noticee could use 100%credit from cenvat account instead of 20%.

 

Ø                   It was held that since the ceiling of 20% is not applicable in Noticee’s case, the mischief of Rule 6 (3) (c) is not applicable.

 

Order: -

 

Proceedings initiated by the impugned show cause notice is set aside.

 

Conclusion: -

 

The Deputy Commissioner has rightly held that Noticee can use 100% credit for payment of service tax on input services listed under Rule 6 (5) of CCR, 2004. Even in current rule also, this list is still there. The proportionate reversal or separate inventory or payment of service tax @ 6% on exempted services is not applicable if the credit is taken on services listed in Rule 6(5) of Cenvat credit Rules, 2004.

 

*******

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com