INDEX
Sl.No Topics
1 Introduction to Cenvat Credit Rules
2 Objectives
3 Definition
4 Areas of Application
5 Identification of Input services on which credit may be
availed
6 Methodology for Allocation and Apportionment of Costs
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MONOGRAPH ON DISTRIBUTION OF SERVICE TAX CREDIT BY INPUT
SERVICE DISTRIBUTOR UNDER CENVAT CREDIT RULES, 2004
1. Introduction
1.1 Service Tax was introduced for the first time in 1994 through the
insertion of Chapter V in the Finance At 1994. The Service Tax is
administered and collected by the Central Excise Department and the
revenues collected by way of this tax forms a part of the shareable
Union funds and devolve to the States as per formula prescribed by the
Finance Commissions.
2. Stock-Broking Services
3. Telephone Services
1.2 Between 1994 and 2004 the tax was extended to 68 additional services
and the rate of tax was enhanced to 8% (May 2003) and thereafter to
10% from 10th September 2004. With the introduction of Education
Cess @ 2% in the Union Budget of July 2004, the effective rate of
service tax is 10.2% from 10th September 2004. [Details of Services
attracting Service Tax as on 10th September 2004 are given in
chronological order in Appendix 1 for ready reference].
1.3 Unlike the Central Excise Act, which extends to the whole of India, the
provisions relating to Service Tax do not extend to Jammu & Kashmir.
Consequently, services provided within the territorial limits of Jammu &
Kashmir are excluded from the purview of the levy of service tax,
irrespective of whether the person rendering the service or the person
receiving the service is residing within or outside that State.
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Cenvat Credit Rules
1.4 By virtue of Service Tax Credit Rules, 2002, with effect from 16th
August 2002 an output service provider became eligible to claim credit
in respect of input services availed by him provided both the input and
output service were under the same category of services. With effect
from 14th May 2003 the stipulation that both input and output services
have to be under the same category was done away with. Accordingly,
from that date an output service provider could claim credit in respect
of service tax paid on input services availed by him and use the credit
to discharge service tax liability incurred by him. However, the Service
Tax Credit was allowed only to output service providers and not to
manufacturers of goods paying service tax for input services availed for
manufacture of finished goods.
1.5 New Cenvat Credit Rules 2004 have been introduced with effect from
10th September 2004, to provide for extension of credit of service tax
and excise duty across goods and services. The Cenvat Credit Rules,
2004 aims to remove cascading of taxes by providing credit of not only
Cenvat paid on inputs and capital goods used for the manufacture of
excisable goods but also credit of service tax paid on input services
received by a manufacturer or provider of output services. Like Cenvat
credit on goods, the manufacturer or output service provider can also
utilize the credit of service tax to offset liability of Central Excise Duty
and/or Service Tax that may be incurred.
1.6 The Rules also provide for distribution of service tax credit by an Input
Service Distributor (ISD), i.e., an office of the manufacturer or producer
of final products or provider of output service, which receives invoices
issued under rule 4A of the Service Tax Rules 1994 towards purchase
of input services and issues invoice, bill or, as the case may be, challan
for the purposes of distributing the credit of service tax paid on the said
services to such manufacturer or producer or provider, as the case
may be.
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2. Objective
3. Definitions
For the purpose of this guidance note, the following terms are used with the
meanings specified:
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on the said services to such manufacturer or producer or provider, as
the case may be.
3.4 “Output Service” means any taxable service provided by the provider
of taxable service, to a customer, client, subscriber, policyholder or any
other person, as the case may be, and the expressions “provider” and
“provided” shall be construed accordingly.
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production or manufacture of excisable goods, but also any person
who engages in their production or manufacture on his own account.
4. Areas of Application
4.1 The Cenvat Credit Rules 2004 allows distribution of credit of service
tax paid on input services. The need for distribution of Cenvat credit
can arise in the following situations.
d) The input services are used for manufacturing both excisable and
exempted goods or for providing both taxable and non-taxable
services.
e) The input service distributor has different units spread over various
parts of the country manufacturing both excisable and exempted
goods and the bill/invoice in respect of input services is raised in the
name of head office/regional office/branch office/specific factory,
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etc., while the services are actually received in the factory/factories
or premises of the service provider.
f) Common services, which are not specific for any particular factory
or premises (such as advertising, market research, audit fees,
management consultancy, etc.) the bills/invoices may be received
in the head office/regional offices of the organization.
4.2 The Rules do not state anything on the subject of apportionment. This
guidance note aims to provide for a mechanism and a basis for
allocation and apportionment of the utilization of input service so that
the tax credit could be passed on to the respective factory/premises
based on principle of commercial and generally accepted accounting
principles, which should enable anyone, particularly tax authorities and
auditors, to be convinced that the apportionment satisfies the
requirements of law and is consistently followed.
4.4 This guidance note is applicable in all cases wherein an Input Service
Distributor, being a “going concern” distributes service tax credit across
one or more Units (such Units being manufacturing units and/or units
providing output services and/or units engaged neither in manufacture
nor providing output services).
5.1 In respect of an entity providing output services the input services that
qualify as services on which credit of service tax may be taken are all
the taxable services used by the entity for providing the output
services.
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a) input services used in or in relation to the manufacture of final
products. Such use could either be direct or indirect.
5.4 The above indicates that the input service must be a service used in or
in relation to the manufacture of final products. It further specifies that
such use could be either direct or indirect.
Explanation:
5.5 The other conditions for availing credit of Service Tax are:
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6. Methodology for Allocation and Apportionment of Credits
6.2 Allocation of service tax credit by the Input Service Distributor should,
therefore, be based on the following methodology:
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3. In case the input service is common to all Units or is in relation to all
the businesses of the entity, the service tax credit must be
apportioned first across all the businesses and, thereafter, be
apportioned to the specific Units under different businesses.
6.4 Previous year’s audited figures are the only commercially viable basis
for ensuring equitable allocation for all industries including seasonal
industries.
6.6 In such cases the quantum of service tax credit allocated and
apportioned to such Units (on the basis of apportionment methodology
stated above) must be absorbed in the expense head under which the
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procurement cost of the input service has been booked since such
Units will not be in a position to avail any service tax credit.
6.7 It may be noted that the above allocation and apportionment for credit
of service tax should be done individually based on the type of input
service availed and should not be applied in totality. For example,
service tax paid on sales promotion and advertising expense cannot be
apportioned in the same ratio among different Units as that of service
tax on audit fees. The nature and type of service should be the guiding
criteria for determining whether the service tax on such service should
be apportioned to a particular unit or not.
7.1 The details of basis for arriving at the quantum of service tax credit
available for allocation must be disclosed.
7.2 Once the basis of apportionment and allocation of service tax credit
across different businesses and within that different Units are selected,
the same must be followed consistently and uniformly.
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