Cenvat credit of service tax paid under reverse charge
This query is : Resolved
13 November 2015
Dear All,
Due to change in definition of intermediary in a reverse case, if, Indian Company takes service of Commission agent outside India, it
would not be considered as import of service and the service receiver i.e.; Indian Company would not be liable to discharge service tax liability under the reverse charge mechanism.
However, my client is wrongly paying service tax on foreign commission under reverse charge till date.
Can Cenvat credit of the same be taken legally as the same is wrongly paid.
Regards,
Due to change in definition of intermediary in a reverse case, if, Indian Company takes service of Commission agent outside India, it
would not be considered as import of service and the service receiver i.e.; Indian Company would not be liable to discharge service tax liability under the reverse charge mechanism.
However, my client is wrongly paying service tax on foreign commission under reverse charge till date.
Can Cenvat credit of the same be taken legally as the same is wrongly paid.
Regards,
14 November 2015
Yes cenvat credit can be claimed legally.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- GST rate and HSN code for sale of racing horses
- Confused About My Career After 12th — Cyber Security, AI or Finance? Need Guidance
- FAST-DS 2026 Under Tax Law - No recourse or support for person declaring via this scheme?
- STATUTORY AUDIT OF A SMALL PRIVATE COMPANY INCORPORATED ON 28.03.2025
- Guidance Needed: Linking Multiple Form 26QB Payments and Responding to ITD Defaulter Notice
- How to pay remaining amount of TDS after due date?
- Resigning a auditor from the company for misconduct
- RCM @ 5% on Hamali charges, Transport Charges, Unloading charges we take ITC or not
- CALCULATION OF DEFFERED TAX - OP BL IS DTL & CURRET IT DTA
- LLP audit under companies act
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
