Service tax on man poser supply

This query is : Resolved

Golak Panigrahy (Querist)
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08 September 2012 Dear Sir

We are Service Receiver of Man power, Our Service Provider charges Service Tax 25% on bill. & writes 75% of S.T Payable by service receiver.

I want to know that we are liabel to pay the service Tax i.e. 75% and what amount is eligible to cenvat purpose.

Let me know in detail.

Thanks

CA Vibhash Kumar Sah

CA Vibhash Kumar Sah (Expert)
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08 September 2012 Assuming you are eligible for cenvat credit in the mentioned case, 100% credit is available as below:
25% Credit- based on the invoice of Service Provider.
75% Credit - based on payment challan of service tax paid by you.

CA Suresh Jain

CA Suresh Jain (Expert)
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09 September 2012 RCM is applicable only if the service is provider is individual, Hindu Undivided Family or partnership firm, whether registered or not, including association of persons, located in the taxable territory
and you are a body corporate