Cenvat Credit of specified service in relation to export
This query is : Resolved
19 March 2009
as per noti no.41/2007 dt:06/10/07 specified services received by an exporter and used for export of goods provided that
(b) the exemption claimed by the exporter shall be provided by way of refund of service tax paid on the specified services used for export of the said goods
(d) no CENVAT credit of service tax paid on the specified services used for export of said goods has been taken under the CENVAT Credit Rules, 2004
Q.1 : Is cenvat credit allowed after payment of service tax on specified services ?
Q.2 : Is there a choice of non payment of service tax on spefied services ?
(b) the exemption claimed by the exporter shall be provided by way of refund of service tax paid on the specified services used for export of the said goods
(d) no CENVAT credit of service tax paid on the specified services used for export of said goods has been taken under the CENVAT Credit Rules, 2004
Q.1 : Is cenvat credit allowed after payment of service tax on specified services ?
Q.2 : Is there a choice of non payment of service tax on spefied services ?
21 March 2009
Ans to your Q.1. Service tax credit can be availed post payment.
Once credit is taken refund cannot be applied for.
If you do not wish to take the cenvat credit you can apply for refund.
Ans. Q.2. There is no choice of non-payment, whether you want to take the cenvat credit or apply for refund, first condition is service tax should have been paid.
Exemption means, refund of service tax, it does not mean service tax is exempt to the provider.
Once credit is taken refund cannot be applied for.
If you do not wish to take the cenvat credit you can apply for refund.
Ans. Q.2. There is no choice of non-payment, whether you want to take the cenvat credit or apply for refund, first condition is service tax should have been paid.
Exemption means, refund of service tax, it does not mean service tax is exempt to the provider.
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BeyondConsultants
(Expert)
22 March 2009
Service provided in NN 41/2007 are usually post manufacture services on which credit is not available - As credit is available only of services used in or in relation manufacture.
Rest Mr Dayal has answered very well
Rest Mr Dayal has answered very well
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