Service tax availment

762 views 3 replies

Dear Sir /madam

I come across the following doubts in our work career :

In the latest amendment in the service tax July 2012 - the extent of service tax payable by the recepient and by the service provider for the same taxable service  :

a)  service provider does not have service tax no. , if so whether the service receiver should pay the entire service tax payable or only his /her portion.     If paid whether can be taken credit.

b) If service provider has service tax no. and does not charge service tax, then is the service receiver liable to pay the entire service tax .

b) in the case of  manpower supply for any purpose -  25% of  ST payable by the service provider and 75% by the service receiver.   here whether 75% paid can be taken credit on the month of paying or in the next month.

c) in the case of contract work  , service provider levies 100% of the service tax instead of 50%,   so if  service receiver pays the 100% , whether the service tax credit can be availed.

 

Thanks in advance.

regards

J Balachandar

Replies (3)

Dear ,Service provider & availer both have %age of ser tax to be paid.Availer will pay only his part .This can be availed as cenvat  after payment.

 

1 and 2.  If service provider does not have service tax reg no. or if he does not charge service tax even though he is having service tax registration number, service recipient has to pay his portion.  He cant avoid by showing these reasons.

3.  You can take credit after making the payment.  That means, you can take credit in the next month obviously.

4.  If service provider charges excess service tax in his bill, you can avail credit.  But under RCM, if you pay excess service tax to the department, you cant avail credit fully.  You have claim refund for the excess.

 

Hope this clarifies your doubts.

Hi,What is 4th Point in your reply.How this excess ser tax can be charged ? no way. check the accuracy & defined %age to be charged ,The part of ser provider 25% & availer of ser 75% have to be paid.


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register