The Supreme Court has allowed telecom companies to claim Central Value Added Tax (CENVAT) credit for the installation of mobile towers and pre-fabricated buildings (PFBs), which are subject to excise duties.

About CENVAT Credit (Central Value Added Tax Credit)

• It is a mechanism that allows manufacturers and service providers to claim tax credits on excise duty or additional duties paid on input services and  input.
  • This process simplifies tax and reduces burden on businesses. 
• It was introduced in 2004 under “The CENVAT Credit Rules”. 
• Its main aim was to modify the Previous system Modified Value Added Tax, or MODVAT.
• Benefits
  • Preventional of double taxation: Removes the cascading effect of taxes by allowing credits for taxes already paid at earlier stages.
  • Promotes Tax compliance:  Business can claim CENVAT credit only if input supplier has paid the applicable taxes to the government. 
  • Encourages business growth: Incentivise investment in modern technology and capital goods to improve productivity.  

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• Applicability of CENVAT Credit
  • Excise Duty on Final Products: For manufacturer and producer of taxable goods. 
  • Service Tax on Output Services: For service providers offering taxable or exempted services. 
  • Inputs and Capital Goods: Applicable for partially processed goods which is used during production.