credit of service tax

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This query is : Resolved

CA Ashutosh Kumar Mishra (Querist)

26 February 2009 whether service tax paid on import of service are allowed for taken credit as per CCR.
please analies the rule 5 of Taxation of Services (Provided from Outside India and Received in India) Rules, 2006

pelase reply as soon as possible

Ram Avtar Singh

Ram Avtar Singh (Expert)

26 February 2009 Yes you can take cenvat credit of service tax.

CA Ashutosh Kumar Mishra

CA Ashutosh Kumar Mishra (Querist)

27 February 2009 Than, what is the meaning of rule 5 of Taxation of Services (Provided from Outside India and Received in India) Rules, 2006.

please analyze the above rule.

CA Ashutosh Kumar Mishra

CA Ashutosh Kumar Mishra (Querist)

14 March 2009 please analyze above

SIDDHARTHA SANKAR ROY

SIDDHARTHA SANKAR ROY (Expert)

06 April 2009 What Rule 5 of (Provided from Outside India and Received in India) Rules, 2006 says is that the services for which one made liable for payment under these rules should not be treated as ones output service which implies that the payment of such service tax has to be made in cash and cannot be paid through utilisation of CENVAT credit.

However, CENVAT credit of such service tax payment made under these rules can be taken if it qualifies as your input service.

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