Reg: reverse charge mechanism(urgent)

This query is : Resolved

Aashish (Querist)
Follow

19 June 2013 I have received a service falling under RCM ,In Bill entire 100 percent of service tax is charged for which i have paid ,Now the question is can i claim cenvat on entire amount ? My liability as per rule stands only for 40 percent.

Please Suggest with provisions Asap

Ganeshbabu K

Ganeshbabu K (Expert)
Follow

19 June 2013 You can claim entire service tax paid with a below explanation,,

1)Legal liability is of service receiver.

2)That liability does not disappear even assuming that the service provider has paid the service tax.

3)The department can insist on payment of service tax from you [In respect of past, may be you can get away by claiming that it is only procedural mistake and no revenue loss.

4)However, for future, please do not do it].

Thanks & regards
Ganesh babu k

Message likes : 1 times

You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now