14 February 2012
My query is regarding service tax charged by the retainers in their bill.I want to know whether we can take credit on the same if they have submitted bill as "Professional consultancy charges" or "Professional Engineering consultancy charges" were as in their appointment letter they have been mentioned as retainers by the HR .Please advice
14 February 2012
According to me when a person is appointed on retainer ship in that case he provides services in professional capacity and not as employee of the compnay. Accordingly his services are taxable under the service tax act as per proper classification.
15 February 2012
Thanks puneet , I have seen in some companies cenvat credit is availed but in some it has not been availed even though they are charging Service tax in their bills ,as we know if retainer is appointed for some project or work his services are directly related so is their any clarity regarding head or instance
15 February 2012
Classification of services provided on retainer ship basis depends on the type of services provided. Accordingly we will check that whether it satisfy the definition of input services as per Rule 2 (l) of CENVAT credit rules, 2004. if yes then we can take cenvat credit.
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