Pship firm , can partner take cenvat credit on bills paid...
This query is : Resolved
29 June 2013
Partner of Firm pays service tax on mobile bills , electricity bills , professional seminars/lectures attended by him..can this partner claim cevat credit in partnership firm for service tax paid?..this bills are in his personal name...
Thanks in Advance.
Thanks in Advance.
29 June 2013
INPUT SERVICE OF SUCH SERVICE IS ALLOWED AS PER RULE 2(L) OF CENVAT CREDIT RULES.
BUT THE CONDITION IS SUCH INPUT SERVICE MUST BE USED FOR PROVIDING OUTPUT SERVICE.
SINCE THEY ARE IN THEIR PERSONAL NAME IT WOULD BE DIFFICULT PROVE THAT USED FOR PROVIDING OUTPUT SERVICE ALSO AS PER RULE 9 NAME OF RECEIVER SHOULD BE THERE AND IF RECEIVER IS INDIVIDUAL. FIRM CAN NOT USE THE CREDIT.
BUT THE CONDITION IS SUCH INPUT SERVICE MUST BE USED FOR PROVIDING OUTPUT SERVICE.
SINCE THEY ARE IN THEIR PERSONAL NAME IT WOULD BE DIFFICULT PROVE THAT USED FOR PROVIDING OUTPUT SERVICE ALSO AS PER RULE 9 NAME OF RECEIVER SHOULD BE THERE AND IF RECEIVER IS INDIVIDUAL. FIRM CAN NOT USE THE CREDIT.
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
- House Property Reporting in ITR
- Refund Annexure-B
- TDS Claim year
- Internship/Academic shown in Salary Pay Slip of a Doctor
- Refund of 20%pre-deposit paid for stay application
- Rent lease agreement
- TDS Challan Code
- Liable to deduct tds and 44ADA
- Nomination of Bank for refund in itr 2
- Section 56(2) of the Income tax Act 1961 , Gift to relative .
- E Commerce GSTR1 & 3B how to file
- GST Cancellation without jurisdiction
- Legal Opinion on Registrar's Refusal to Investigate a Society for Non-Renewal and Non-Compliance
- GST Refund_RFD-01
- Form10BD was uploaded successfully without any Error but after 24 hours, Form10BE are not available
- Annexure B utility for GST Refund
- Tax amount diff in Gstr1 and 3B in tax compare reports
- Tds on GST in connection with sale to public company
- Restoration of certificate of practice
- Regarding change in correspondence address in SSP portal
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
CAclubindia
