Refund of service tax on input services

This query is : Resolved 

28 November 2012 regarding -
Indirect input services used for exports



Our client ltd. company is having almost 100% export sales since 30 years.

it uses several types of services including routine telephone, consultant's feees etc.


can it claim cenvat set off/refund ?

(it is registered under service tax as an importer of services).

its manufacturing a product which is having NIL excise duty.


I feel exporters must be reimbursed of their service tax under indirect tax regime.

Its not possible to get from service tax department as there is no one-to-one correlation for these expenses vis-a-vis export invoices.

Hence, can we claim from excise department?

awaiting some reply,
regards, mr.kunjan shah
www.nsc.in
9820750784



28 November 2012 You have been registered as importer of Service... Can you please tell what services do company is importing...


Regrds

CA JAYANT BOTHRA

28 November 2012 You have been registered as importer of Service... Can you please tell what services company is importing...

28 November 2012 yes,client company is registered as importer of commission services from non-resident commission agent for arranging us to import raw materials (service completed outside india, hence no service tax from july 2012).

i wonder if we can get service tax refund for several types of services including telephone exps,consultant's fee etc.

cant we get it from excise department ? if yes, we will register under excise immediately.

we are almost 100% export company having NIL excise duty on goods manufactured by us.

awaiting some feedback,
thank you,
regards,mr.kunjan, www.nsc.in

29 November 2012 Dear Kunal,
The service tax is administered by CBEC i.e. Central board of Excise and customs. So, the Excise, Custom and Service tax is all under one roof.

The Service tax do contains the provisions which are applicable in Excise.

The refund of Service tax is dealt by Rule 5 of Cenvat credit rules, 2004 as per which the maximum permissible amount of refund is:-

Refund amount =
[(export turnover of goods + export turnover of services)/ Total Turnover]X Net Cenvat Credit.

Procedure for claiming refund of Service Tax:-

- Application in Form R to be filed in triplicate to the jurisdictional AC/DC of Central Excise\Service tax.
- Application to be accompanied by documentary evidence to the effect that the amount claimed as refund is the amount actually paid by him.


Regds

CA JAYANT BOTHRA
M: 09873-626-020

30 November 2012 Thank you sir.

Factory is in gujarat and head office in mumbai.

Should we apply under Jursdictional AC/DC of Central Excise or of service tax? The main doubt here is if its excise, we have to approach gujarat AC/DC right?

regards,mr.kunjan shah, www.nsc.in, mumbai

30 November 2012 Dear Kunal
you need to check where you have taken the registration. You have to file for refund there.

Regds

CA JAYANT BOTHRA

01 December 2012 thank u sir,
from mr.kunjan shah, nsc.in

03 December 2012 Welcome...

Regds

CA JAYANT BOTHRA


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