Cenvat credit of service tax paid under reverse charge
This query is : Resolved
nukul sarawogi
(Querist)
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,
CA R SEETHARAMAN
(Expert)
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
- Late Filing Fee Waiver for Q1 Form 144 (Earlier 27Q) – Transition to Income-tax Act, 2025
- GST input credit on commercial property
- Working on Gold wastage during Melting of old gold jewellery
- GST REFUND ISSUE ON PURCHASE OF PLANT AND MACHINERY
- TDS on Dashcam rent and allied services
- GSTR-9C filing
- Import Order Cancelled.
- Form 144 TDS Return Validation Error – Mandatory Fields
- How do you manage client document collection and follow-ups in your CA/CS practice?
- Royalty payments to the Mining Department for procurement of murum - GST input
- Subject: Legal Remedy for Removal of Income Tax Demand for AY 2024–25 – Charitable Trust
- Expert Help Required for TDS Refund 100000 Through TRACES – AY 2022–23
- IMPORT PURCHASE ENTRY PASSED IN BOOKS OF ACCOUNT
- FAST DS 26 Undisclosed Foreign Asset Disclosure Scheme 2026
- Regime change
- Tally: Imported bank entries do not show up in manual reconciliation
- 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?
- Guidance Needed: Linking Multiple Form 26QB Payments and Responding to ITD Defaulter Notice
- How to pay remaining amount of TDS after due date?
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
