28 November 2012
yes,client company is registered as importer of commission services from non-resident commission agent for arranging us to import raw materials (service completed outside india, hence no service tax from july 2012).
i wonder if we can get service tax refund for several types of services including telephone exps,consultant's fee etc.
cant we get it from excise department ? if yes, we will register under excise immediately.
we are almost 100% export company having NIL excise duty on goods manufactured by us.
awaiting some feedback, thank you, regards,mr.kunjan, www.nsc.in
29 November 2012
Dear Kunal, The service tax is administered by CBEC i.e. Central board of Excise and customs. So, the Excise, Custom and Service tax is all under one roof.
The Service tax do contains the provisions which are applicable in Excise.
The refund of Service tax is dealt by Rule 5 of Cenvat credit rules, 2004 as per which the maximum permissible amount of refund is:-
Refund amount = [(export turnover of goods + export turnover of services)/ Total Turnover]X Net Cenvat Credit.
Procedure for claiming refund of Service Tax:-
- Application in Form R to be filed in triplicate to the jurisdictional AC/DC of Central Excise\Service tax. - Application to be accompanied by documentary evidence to the effect that the amount claimed as refund is the amount actually paid by him.
Should we apply under Jursdictional AC/DC of Central Excise or of service tax? The main doubt here is if its excise, we have to approach gujarat AC/DC right?
CAclubindia
