RELEVANT PROVISION

This query is : Resolved

ANAND SHARMA (Querist)
Follow

16 June 2010 SIR,

PLEASE SPECIALLY WRITE THE RELEVANT PROVISION OF THE ACT.

OUR COMPANY IS CONTRACTOR IN IOCL. WE SUB CONTRACT THE WORK TO A SUB CONTRACTOR. WE TOOK THE CENVAT CREDIT OF SERVICE TAX (AFTER RECEIVING THE TAX INVOICE & PAYMENT OF SAME BILLS TO SUB CONTRACTOR).

NOW SERVICE TAX DEPARTMENT CHECK OUR RECORD FOR CENVAT CREDIT TAKEN BY US FOR CROSS VERIFICATION FOR PAYMENT OF SERVICE TAX. DEPARTMENT FOUND THAT THE SUB CONTRACTOR DID NOT MAKE THE ANY PAYMENT OF SERVICE TAX TO GOVERNMENT.

SERVICE TAX DEPARTMENT IS NOW SAYING THAT AS OUR COMPANY TOOK THE CENVAT CREDIT SO OUR COMPANY IS RESPONSIBLE FOR PAYMENT OF SERVICE TAX. THEY TELL US ABOUT THE RULES 9, 6 & 3 OF THE ACT.

PLEASE CLARIFY THE MATTER THAT WHO IS RESPONSIBLE FOR PAYMENT OF SERVICE TAX WITH RELEVANT PROVISIONS.

REPLY URGENTLY.

Shyam Lal Naik

Shyam Lal Naik (Expert)
Follow

16 June 2010 You are well within your right to take the Cenvat Credit and utilise the same in terms of Rule 3 and 4 of the Cenvat Credit Rules.

No where an obligation has been casted upon the service receiver to verify the payment of tax by the service provider. The Rules/Law if any quoted by the department is without substance.

It is the department's duty to recover the tax and interest from the sub contractor.

The sub contractor is liable to pay the tax in terms of Sec 68(1).

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

Join the CA Students WhatsApp Community for ICAI Updates, Trending Courses & Notes!

Similar Resolved Queries

Unanswered Queries

Popular
Recent

Trending Online Classes

Direct Tax Laws & International Taxation May 26,Sept 26 & Jan 27

CA Arvind Tuli

Enroll Now
Audit Fast Track Recorded Batch For May 26,Sept 26 & Jan 27

CA Aarti Lahoti

Enroll Now
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English

CA Bhanwar Borana & CA Shubham Keswani

Enroll Now

view all classess

Meet our CAclubindia PRO Members

SARAVANAN PALANISAMY

GST Karimnagar state

Darshan

Krishnamohan Gangaraju

CA Bijo scaria

Subscribe Now

RELEVANT PROVISION

Similar Resolved Queries

Trending Online Classes

Meet our CAclubindia PRO Members

Quick Links

Browse by Category

Latest Job Openings

Senior Executive

Manager- Finance and Compliance

GST CONSULTANT

GST CONSULTANCY

Accountant

CA Final

Article Assistant

Associate CA