St under rcm

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

15 August 2016 Dear Experts, our pvt. ltd. company is taking manpower service (security service) from an proprietary concern. however the pvt. ltd. is mfg concern hence not registered in ST. pls tell me who will pay ST in this case. Regard Mukesh

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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15 August 2016 Your pvt. ltd company has to register under ST and pay ST and can claim cenvat credit.

Querist : Anonymous

Querist : Anonymous (Querist)

15 August 2016 sir, pvt. ltd. company does not provide any output service hence No cenvat can be claim, but my question is? since pvt. co. is not registered in ST can company approach the service provider to pay ST,

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CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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16 August 2016 Cenvat credit can be claimed against excise duty. Service tax payment can't be shifted to service provider.

Querist : Anonymous

Querist : Anonymous (Querist)

16 August 2016 sir,
i think No ST cenvat of security service can be claim against excise duty because security service is not in relation to mfg activities,
pls correct me if i am wrong.......

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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16 August 2016 See the cenvat credit rules 2(l) definition of input service it is allowed.

Querist : Anonymous

Querist : Anonymous (Querist)

16 August 2016 Sir,
weather ST cenvat of telephone bill can also be claim or not,

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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16 August 2016 Yes it will fall under indirect usage.

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