Reverse charge
This query is : Resolved
Dipul mehta
(Querist)
14 December 2013
Sir,
We have paid Service tax due on supply of man power services, and respectively we take CENVAT of it.. but as per Department they say, u are not eligible for CENVAT and subsequently they demand for tax due + 36% interest.. . . . as man power are for erection & commissioning of our newly made factory (for furnace purpose).. i want to know can Department is right in view... and what are the remedy to save our side??? plz reply
We have paid Service tax due on supply of man power services, and respectively we take CENVAT of it.. but as per Department they say, u are not eligible for CENVAT and subsequently they demand for tax due + 36% interest.. . . . as man power are for erection & commissioning of our newly made factory (for furnace purpose).. i want to know can Department is right in view... and what are the remedy to save our side??? plz reply
AJITHKUMAR M
(Expert)
14 December 2013
Dear friend,
In my view, the department is not right in denying the credit. You have to convince them that the services availed are input services for you. It is astonishing that 36% of interest has been demanded. I think such a rate has not yet been fixed by the government.
In my view, the department is not right in denying the credit. You have to convince them that the services availed are input services for you. It is astonishing that 36% of interest has been demanded. I think such a rate has not yet been fixed by the government.
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