Reverse charge

This query is : Resolved

Amit Nandy (Querist)
Follow

21 February 2014 Please let me know if the service provider charges service tax 100% then what would be the obligation of service receiver.

Regards
Amit Nandy

Nikhil Kaushik

Nikhil Kaushik (Expert)
Follow

21 February 2014 recently CESTAT ruled that where the service provider has discharged the service tax liability, the should not be demanded again from the service receiver. you may refer to Umasons Auto Compo Pvt. Ltd. Vs. Commissioner of Central Excise & Customs, Aurangabad [2014 - TIOL - 126 - CESTAT - MUM]

Ganeshbabu K

Ganeshbabu K (Expert)
Follow

21 February 2014 Legally service receiver is liable to discharge service tax to the extent of his part as per reverse charge rules
.
.
Dept may insist u to pay ur part of tax
.
.however as said by above expert we can request that there is no revenue loss to dept..
.
So forgot abt past and follow reversecharge rules from nowonwards
.
.
Better u collect certificate from ur service provider that he paid total tax collected from u to dept..st paid challans
.
Service provider is liable to charge in his bill tp the extent he is liable as per reversecharge rules
.
.
Inorder to avoid debates with dept better follow reverse charge rules and remit service tax to service provider only to the extent he is eligible to collect and u pay to dept to the extent of ur part of liability

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