LIVE GST Certification Course by CA Arun Chhajer begins 27th April. Register Now!!

cenvat credit

kishor (article) (59 Points)

09 June 2016

Hi there

I have doubt wrt service tax

A co (in India) is service receiver
B co (outside India) is service provider

as per place of provision A co has to pay service tax

whether service tax paid as above is eligible for for CENVAT credit, if eligible under what rule/sec?

thanks

Reply
Follow
Share

6 Replies

Vikas (CA) (1135 Points)
Replied 09 June 2016

Firstly, its not a doubt… You are asking a preliminary basic question upon law, which is subject to various conditions mentioned under the Cenvat Credit Rules, 2004. So read it.

Chirag Parmar (Service) (65 Points)
Replied 09 June 2016

Credit of service tax in case where service receiver is liable to pay tax under section 68(2) may be availed on payment of such tax to the department i.e. on the basis of challan under proviso to sub rule (7) of rule 3 of CCR, 2004.

1 Like

karan jit singh (Consultant) (1299 Points)
Replied 10 June 2016

Originally posted by : kishor
	Hi there I have doubt wrt service tax A co (in India) is service receiverB co (outside India) is service provider as per place of provision A co has to pay service tax whether service tax paid as above is eligible for for CENVAT credit, if eligible under what rule/sec?thanks

So Basically you are Service receiver and paying ST under reverse charge. Simply you can claim credit on the basis of GAR7.

salamat ali (EXECUTIVE FINANCE) (24 Points)
Replied 11 June 2016

Hi Everybody,

I have a doubt that if foreign company providing Design & Engineering services which is to be utilized in inda,whether with holding tax is applicalbe on it?

karan jit singh (Consultant) (1299 Points)
Replied 11 June 2016

Originally posted by : salamat ali
	Hi Everybody, I have a doubt that if foreign company providing Design & Engineering services which is to be utilized in inda,whether with holding tax is applicalbe on it?

can you more elaborate your service.

secondly Here the discussion is only on ST . If you need help relted to withholding tax post on anotheer forum

Regards

Karanjit Singh | +91-7503588224

salamat ali (EXECUTIVE FINANCE) (24 Points)
Replied 21 June 2016

Dear Singhji

Firstly,this WHT tax is related to Service tax only. Secondly i m talking about foreign services which we are procuring in terms of Design & Engineering services for on going steel plant.

kindly give solution to the above query if possible otherwise plz dont give any comment.