05 May 2016
I am working with Partnership Firm. We are receiving Contract labourer ( Manpower Supply) from Properiotor & Partnership firm. So they are not charging service tax under RCM & we are paying whole service tax say 14.50% currently.But after reading article on internet i come to know that RCM is not applicable to " Partnership Firm " so my questions are as follows. 1) RCM is not applicable to " Partnership Firm " is it correct or not ? 2 If it is correct then what about service tax paid by us under RCM & Cenvat Credit taken for the same Please reply urgently
05 May 2016
1 Yes it is correct RCM not applicable for this service to firm. 2 In case service tax paid under RCM and cenvat credit taken for the same no problem. No problem in availing cenvat credit on excess service tax paid.