Input service tax credit -25% s.t. charged by manpower supp.

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titu (Querist)
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05 September 2012 Sir ,

We are a Pvt. Ltd. Company registered in service tax under the service tax category of "Clearing and Forwarding Agency " . In case of Partial reverse charge mechanism , if we receive a bill containing 25% service tax charged by manpower supplier for providing us the supply of manpower, the following questions arise.

1. Can the company avail 25% service tax charged by service tax provider as input service tax credit ?

2. After making 75% service tax payment , Can the company avail input credit in respect of same also ?

Kindly clarify these questions mentioning relevant notification/ circulars of S.T.

Ashok Malhotra

CA Suresh Jain

CA Suresh Jain (Expert)
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05 September 2012 Answer to both your questions is "YES" you can avail CENVAT.
Please refer to CENVAT Credit Rules, 2004

For further clarification please mail the query at sureshjain.nj@gmail.com chargeable Rs. 100 to 500 donation to the "KADAM" institute engaged in education to children of construction labours.

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