CENVAT CREDIT QUERY
This query is : Resolved
15 June 2010
SIR,
PLEASE WRITE THE RELEVANT PROVISION OF THE ACT.
OUR COMPANY IS CONTRACTOR IN IOCL. WE SUB CONTRACT THE WORK TO A SUB CONTRACTOR. WE TOOK THE CENVAT CREDIT OF SERVICE TAX (AFTER RECEIVING THE TAX INVOICE & PAYMENT OF SAME BILLS TO SUB CONTRACTOR).
NOW SERVICE TAX DEPARTMENT CHECK OUR RECORD FOR CENVAT CREDIT TAKEN BY US FOR CROSS VERIFICATION FOR PAYMENT OF SERVICE TAX. DEPARTMENT FOUND THAT THE SUB CONTRACTOR DID NOT MAKE THE ANY PAYMENT OF SERVICE TAX TO GOVERNMENT.
SERVICE TAX DEPARTMENT IS NOW SAYING THAT AS OUR COMPANY TOOK THE CENVAT CREDIT SO OUR COMPANY IS RESPONSIBLE FOR PAYMENT OF SERVICE TAX. THEY TELL US ABOUT THE RULES 9, 6 & 3 OF THE ACT.
PLEASE CLARIFY THE MATTER THAT WHO IS RESPONSIBLE FOR PAYMENT OF SERVICE TAX WITH RELEVANT PROVISIONS.
REPLY URGENTLY.
PLEASE WRITE THE RELEVANT PROVISION OF THE ACT.
OUR COMPANY IS CONTRACTOR IN IOCL. WE SUB CONTRACT THE WORK TO A SUB CONTRACTOR. WE TOOK THE CENVAT CREDIT OF SERVICE TAX (AFTER RECEIVING THE TAX INVOICE & PAYMENT OF SAME BILLS TO SUB CONTRACTOR).
NOW SERVICE TAX DEPARTMENT CHECK OUR RECORD FOR CENVAT CREDIT TAKEN BY US FOR CROSS VERIFICATION FOR PAYMENT OF SERVICE TAX. DEPARTMENT FOUND THAT THE SUB CONTRACTOR DID NOT MAKE THE ANY PAYMENT OF SERVICE TAX TO GOVERNMENT.
SERVICE TAX DEPARTMENT IS NOW SAYING THAT AS OUR COMPANY TOOK THE CENVAT CREDIT SO OUR COMPANY IS RESPONSIBLE FOR PAYMENT OF SERVICE TAX. THEY TELL US ABOUT THE RULES 9, 6 & 3 OF THE ACT.
PLEASE CLARIFY THE MATTER THAT WHO IS RESPONSIBLE FOR PAYMENT OF SERVICE TAX WITH RELEVANT PROVISIONS.
REPLY URGENTLY.
15 June 2010
SERVICE TAX CREDIT ON THE BILL ARE TAKEN AFTER THE PAYMENT OF THESE BILLS. i.e you have paid to the party. Now if party has not depoisted the service tax , then it is liablity of party.
Hence you have to submited account of the party with payment proof agasint bill. There is no liablity agaisnt you. Service Tax dept should take action agaisnt party which has not deposited the govt. due.
Hence you have to submited account of the party with payment proof agasint bill. There is no liablity agaisnt you. Service Tax dept should take action agaisnt party which has not deposited the govt. due.
Message likes :
1 times
15 June 2010
Its not your fault or you are not liable to make good the losses to IT dept if the third party did not paid the tax to govt.
Hence if you have all the documents for tds then you are not liable to pay to IT dept. the defaulter will be the company which does not paid the tax to govt.
Hence if you have all the documents for tds then you are not liable to pay to IT dept. the defaulter will be the company which does not paid the tax to govt.
15 June 2010
Somani Ji, There is the case of service tax.
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
- About TDS & Income Tax
- Tax on Deemed Capital Gain
- Scrutiny and reopening of past returns
- F & O PROFIT REPORTING FOR AY 2026-27
- Booth for sales promotion
- Type of Capital Gain
- Regarding ITR filing with more value than showing in AIS/TIS
- ASMT-10 received from A O
- Rental income of jointly held property
- Accounting with Claude
- Difff in ais receipts and gst turnover
- ITR-3 File/Error Found
- Exiting partner in partnership firm in gst portal
- Taxability of credit in canara bank ET & T section (NRO)
- Consequences of Non-Deduction of TDS under Income Tax???????????????
- TDS on Rent received on redevelopment of building
- Indian IT Portal issue in computing tax as per UK-India DTAA
- Capital Gains on sale of residential flat
- Upload Level ValidationITR3Category of Defect B/D
- PF Taxable Income
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
