Rent-a-cab _ abatement

This query is : Resolved

Bata Krushna Harichandan (Querist)
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11 December 2015 Dear Sir

In a case of service Rent-a-cab, the service provider (not a body corporate) is writing a declaration on the face of the

invoice that "I have not availed any cenvat credit".

Now, for the service receiver (who is a body corporate) who has also not availed any Cenvat Credit -

1. whether the self-declaration of service provider is sufficient to calculate service tax on 40% of the value of service i.e., after 60% abatement ? ;

2. if yes, then what is the liability% of service receiver, 50% or 100%?

3. whether the service receiver always bound to rely on the declaration made by the service provider ?

4. whether on the part of service receiver is there any violation of impugned laws like service tax rules or cenvat credit rules etc, in case the service receiver does not rely on the declaration made as such by the service provider?

Kindly provide your valuable inputs on the above issues.

B.K. Harichandan

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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11 December 2015 1 Yes.
2 It is 100%.
3 Yes.
4 Non payment of service tax based on declaration liable for interest and penalty.

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