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Service tax reverse charge mechanism

Nishant (Student CA Final ) (49 Points)

22 August 2013

Dear Members,
My Company ( Pvt Ltd. Company)(Service Receiver) have to pay 100% service tax to its legal advisors under Legal Consultancy Charge in Reverse charge Mechanism.

1.whether my company which is registered in ST1 as Management or Business Consultancy Services needs to do amendment in ST1 registration or not for this??

2.while filing ST3 can i claim cenvet credit of ST paid for RCM..
a.) again normal services and
b.) again RCM services

3.In ST3 Return filing where should i show of this legal consultancy charges??

Please reply on a urgent basis.

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2 Replies

DIBYENDU (SERVICE) (266 Points)
Replied 22 August 2013

Yes as as a Service Receiver you have to paid 100% service charges on legal service receive.

1. You must amend your ST-2 (Not ST-1) and include ''Legal Consultancy Services'' in your scope of taxable service.

2.You take input Credit under Cenvat Credit Rule 2004 for your S.T. deposited under legal Consultancy Service as well as normal Credit receive on input & input services on the base of GAR-7 challan

3. You are a service tax provider as well as service tax receiver u/s 68(1) & 68(2) .You must show legal consultancy billing amount on the part of service receiver in ST-3 , PART-B, show the amount of ST paid in Challan & take amount in Cenvat Credit PART-I.

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Nishant (Student CA Final ) (49 Points)
Replied 22 August 2013

Dear Dibyendu

Thanks for your Guidence.
For amendment in ST-2 i have to file application in ST-1

and in payable services(1) 10.3 for RCM service provider i am to select NO and in 10.4 Yes with 10.6 100%

please correct me