Avinash (JSW Steels) (80 Points)
08 November 2013Dear Friends,
My company wants to pay service tax which was defaulted earlier for import of service under reverse charge mechanism, the same is covered under in the VCES-2013,
My point is can my company take CENVAT CREDIT of the duty paid under VCES scheme.
Please do reply with your inputs on the same.
regards
Avinash Patnana
CA Kanagaraj R
(CA, CS & CWA)
(86 Points)
Replied 16 November 2013
Pls refer to the below excerpt from FAQ published by CBEC.
Q22. (a) Whether the tax dues amount paid under VCES
would be eligible as cenvat credit to the recipient of
service under a supplementary invoice?
(b) Whether cenvat credit would be admissible to the
person who pays tax dues under VCES as service
recipient under reverse charge mechanism?
Rule 6(2) of the Service Tax Voluntary Compliance
Encouragement Rules, 2013, prescribes that cenvat
credit cannot be utilized for payment of tax dues under
the Scheme. Except this condition, all issues relating to
admissibility of cenvat credit are to be determined in terms
of the provisions of the Cenvat Credit Rules.
As regards admissibility of cenvat credit in situations covered
under part (a) and (b), attention is invited to rule 9(1)(bb)
and 9(1)(e) respectively of the Cenvat Credit Rules.
Therefore, it is quite evident that for reverse charge cases, cenvat is eligible under rule 9(1)(e).
Landmark Judgments: Important Provisions of the EPF & ESI Act interpreted by the Honorable Supreme Court of India
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