09 July 2012
1. Under reverse charge the service recipient has to register and obtain service tax registration number. The service tax will be paid bu quoting the registration number of the service recipient
Accordingly the service recipient is eligible to claim credit of service tax paid under reverse charge.
2. Service tax will be calculated on the balance after claiming abatement.
3. Yes service tax will be payable even if the turnover of the service provider is less than Rs. 10 lakhs. This is because the exemption available to the service provider is NOT passed on to the service recipient.
09 July 2012
The liability of the service provider and service recipient are different and independent of each other. Thus in case the service provider is availing exemption owing to turnover being less than Rs 10 lakhs, he shall not be obliged to pay any tax. However, the service recipient shall have to pay service tax which he is obliged to pay under the partial reverse charge mechanism.
Normally, the credit of the entire tax paid on the service received by the service receiver would be available to the service recipient subject to the provisions of the CENVAT Credit Rules 2004. The credit of tax paid by the service provider would be available on the basis of the invoice subject to the conditions specified in the CENVAT Credit Rules 2004. The credit of tax paid by the service recipient under partial reverse charge would be available on the basis on the tax payment challan, again subject to conditions specified in the said Rules.