Invoicing only for excise portion against the export contra
This query is : Resolved
vaidyanath
(Querist)
30 July 2015
We (Indian Customer)have placed an order on a foreign vendor to supply materials. Foreign Vendor is planning to source their supplies from Vendor in India. The Indian supplier will raise a tax invoice in INR stating sold to party as Foreign vendor and consigned to us. (Indian customer). On the basis of Tax invoice we will take cenvat credit. The indian vendor will also raise an export invoice to claim his payment from foreign vendor. To claim excise portion the Indian vendor will raise a commercial invoice on us. Foreign Vendor will raise an invoice on us in FC for the material supplies by Indian Vendor
Query
1. Whether such transaction is valid.
2.Are there any legal complication on such sort of arrangement. specially The Indian vendor raising commercial invoice for the excise portion on us.
3.Can we take Cenvat credit on the basis of Tax invoice?
Any service tax issue because the indian vendor will be charging us on the basis of reimbursement of excise if any service tax is there a way out to avoid paying service tax on this reimbursement being the payment is against statutory duty?
Thanks
Vaidyanath
Query
1. Whether such transaction is valid.
2.Are there any legal complication on such sort of arrangement. specially The Indian vendor raising commercial invoice for the excise portion on us.
3.Can we take Cenvat credit on the basis of Tax invoice?
Any service tax issue because the indian vendor will be charging us on the basis of reimbursement of excise if any service tax is there a way out to avoid paying service tax on this reimbursement being the payment is against statutory duty?
Thanks
Vaidyanath
Arun Kumar Singh
(Expert)
23 September 2015
IF your name is mention in the tax invoice then you can take the cenvat credit. This transaction is not an export of goods.
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