Please Help: service tax credit
Posted Date : 06-Dec-2011 , 06:20:05 pm | Posted By: Rohit Kumar
Category :
Service Tax | Answers :
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service tax credit on house keeping is allowable credit or not |
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Answers:
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 Answer by: AKHIL MAHESHWARI |
| Dear Rohit Sir, to the best of my knowledge, service tax credit on house keeping is allowable credit, I am not saying perfectly as one thing made me confused, but i cant explain that here...... but it is yes, allowable........
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| Answer by: Ashish Karundia |
| Dear Rohit,
Please note that the definition of input service as contained in Cenvat Credit Rules, 2004 has undergone a vast range of changes where interalia the words 'activities relating to business' has been deleted vide Finance Act, 2011. In light of such amendment, it will be very difficult to claim the credit of service tax paid on house keeping service. However, on the basis of commercial expediency principle (i.e. if it can be proved that house keeping is necessary in order to run the business), then in such cases the credit can be claimed.
Thanks & Regards,
Ashish Karundia
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| Answer by: CA VIPIN GARG |
| Dear Rohit Ji, as far as i concern you can very well take the credit of input on housekeeping services even after the amendments takes place in finance act 2011.
Have a nice day Rohit Ji..........
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| Answer by: Ashish Karundia |
| Dear Vipin,
I have repeteadly requested you to support the answers with proper reasoning and legal provisions. Therefore, please support your answer.
Hope the above suffice.
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| Answer by: CA VIPIN GARG |
| Dear Ashish, I am sorry to say you that you have not requested me before even a single time to give my answer with supporting.
Regarding this query, as far as i concern it will amount to be the service essential for carry on the concerned business and there is no specific exclusion also regarding not to avail the credit of above service.
Hope you got the answer of your query, have a nice day Ashish -:))))
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| Answer by: Ashish Karundia |
| Dear Vipin,
You are rwuqested to click on the following links (http://casansaar.com/expert_detail.php?id=592&category_id=2,http://casansaar.com/expert_detail.php?id=576&category_id=2) and then you will see that whether I have requested or not. Further, In tax laws the arguments are supported by provisions/case laws and not by flowry words. Input service is defined under section 2 (l) of Cenvat Credit Rules, 2004 as any service (i) used by a provider of taxable service for providing an output service (ii) used by a manufacturer, whetehr directly or indirectly, in or in relation to teh manufacture of final products and clearance of final products upto the place of removal and includes......
In this regard, you are requested to prove that the house keeping services will fall within which limb of the definition on the basis of which you are saying that the credit will be available.
Hope the above suffice.
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| Answer by: CA VIPIN GARG |
| Ok Ashish Ji, lets finish off the issue, you have shown the value of words and answers given by me so far and it is also requested you to please never tell any Chartered Accountant that how the arguments in tax laws are supported because each one of qualified chartered accountant must be furnished and gone through from that whether theortically or practically..........
I am sorry to all to whom i have provided any answer because my flowry words must be hurted to others as well just like to my friend Ashish....
From NOW ONWARDS I PROMISE YOU ASHISH JI THAT I WILL NOT GOING TO ANSWER ANY QUERY SO THAT ANY ANSWER OF CHARTERED ACCOUNTANT WILL NOT BE CONSIDERED IN THE SENSE YOU ARE CONSIDERING.....................
Hope this answer will be sufficient to you to clarify and answer your query, have a nice day to all..............
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| Answer by: Ashish Karundia |
| Dear Vipin,
You havent understood the spirit in which i have raised the points. My concenn of raising the issue was only to the extent that whenever any one replying it should be supported with proper reasoning/provisions/case laws as that helps to build the confidence in the minds the querist for the answers given by the experts. In other words, if we support our answers with proper reasoning then no one can come and point that the answers are not supported.
Further, I have never said that you should not reply. The only request that was made ws that the answers should be supported with proper reasoning as the same are relied upon by the querist. As regards your comment (send in my PM) that you have answered the query the way i wanted and that i should be happy, I would like to inform you that I am always happy.
Furthermore, one more request to you that you should take things lightly in life and You should understand the spirit/context in respect of which anything is written/raised.
Have a nice day!!!!!
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| Answer by: CA VIPIN GARG |
| Dear Ashish, I have given my answer/opinion and you have given yours then you should not need to comment on anyone's answer like that na. You are top of in members list but that doesn't mean that you have the liberty to comment on anyone's answer. You also doesn't need to tell me that in my life which thing i should take lightly and which one hard or how i should understand the spirit of anyone's point.
Finally it is hereby requested you to please don't interfare in my any answer in future and if you are not happy with my answer then please provide your correct answer only.
Have a gud day..........
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| Answer by: Ashish Karundia |
| Dear Vipin,
The answer shows your understanding as to how you are taking the queries raised by the eminent members. You beleive only in saying what you want to say without supporting it with proper reasoning.
Anyways that's your way.Further, the word Ashish Ji is changed to Ashish when i pointed out something...and that shows why you use 'JI'...
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| Answer by: CA VIPIN GARG |
| By the way i think you are also 24 as i am and we both are the chartered accountants and if i was using ASHISH JI means i am showing respect for u but that doesn't mean that i owe to use always JI with your name specially when you comment like that on my answers and very strange that after so much commenting you still expecting me to use JI with your name.........
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| Answer by: CA VIPIN GARG |
| As far as my understanding about the queries are concerned you need not to assess my ability because neither i am your employee nor we will work together in future, so lets chill and be happy as you said in your previous comment that u r always happy.
Vaise i also don't able to understand ur conclusion about my habit of using the word JI with the respectable's name.
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| Answer by: Ashish Karundia |
| Dear Vipin,
I never want to hear 'Ji' from people who are not knowing the meaning of the same. I pointed it out only because I was knowing that 'U' are using it without knowing the meaning of the same.
Further, I would like point out that I still resort to what I said that the answers should be supported with proper reasoning as that will be beneficial to the readers. Going forward I will keep giving the comment but without commenting specifically on anyone's name if that gives you a comfort.
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| Answer by: CA VIPIN GARG |
| Dear Ashish, please tell me what you understand the meaning of "JI". As far as i have seen you have never used this word while answering anyone's query too...
So, there must some unique meaning you know of "JI" that i want to know dear..........
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