urgent service tax

This query is : Resolved

RAM SAINI (Querist)
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09 July 2009

author : RamKumar

Posted On
09 July 2009
Dear alls pls advise

As per the decision of the H`nerable DELHI HIGH COURT the is no service tax on rent of the immovable property

Though the Supereme court decision is pending

if we follow and not pay the service tax on the rent which we are paying to our landlord and giving the undertaking that if the decision will go against the assesse and have to pay the service tax with interest and panelty

and we do like that

if yes could we use our cenvat credit of service tax and excise duty for paying that service tax

pls advise

Dayal

Dayal (Expert)
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13 July 2009 of course, yes if you are service provider you can adjust your cenvat against your liability.

However the interest would have to be paid by way of GAR7 challan as interest cannot be adjusted