Reverse charge macanisum (rcm)
This query is : Resolved
31 December 2015
Respected Sir/Madam,
I am requesting to you to please guide me, Is service tax payable by partnership firm under Reverse Charge Maccanisum for RENT A CAB and GTA and Legal service And Manpower service and security services receive by us. please take it at your earliest because we are under service tax audit. and is there and change if service provider is a Company. your are welcomed for all other relevant information in this regard, and please also guide me for care to be taken for service tax audit in detail.
Now I am requesting to you please clear that as per your reply there is no service on which we need to pay tax under Reverse Charge Macanisum (RCM) out of all five services we are receiving by name 1. RENT A CAB 2. GTA 3. Legal service 4.Manpower supply service 5. Security services. And more important query is that currently we have collecting and paying service tax on first three so what precaution we need to take on the matter during audit by service tax dept.
I am requesting to you to please guide me, Is service tax payable by partnership firm under Reverse Charge Maccanisum for RENT A CAB and GTA and Legal service And Manpower service and security services receive by us. please take it at your earliest because we are under service tax audit. and is there and change if service provider is a Company. your are welcomed for all other relevant information in this regard, and please also guide me for care to be taken for service tax audit in detail.
Now I am requesting to you please clear that as per your reply there is no service on which we need to pay tax under Reverse Charge Macanisum (RCM) out of all five services we are receiving by name 1. RENT A CAB 2. GTA 3. Legal service 4.Manpower supply service 5. Security services. And more important query is that currently we have collecting and paying service tax on first three so what precaution we need to take on the matter during audit by service tax dept.
02 January 2016
If service provider is a company no reverse charge applicable except for GTA service.
1 Rent a cab RCM not applicable.
2 GTA RCM applicable.
3 Legal service RCM applicable if you are a business entity having turnover more than 10 lacs.
4 Man power supply RCM not applicable.
5 Security service RCM not applicable.
1 Rent a cab RCM not applicable.
2 GTA RCM applicable.
3 Legal service RCM applicable if you are a business entity having turnover more than 10 lacs.
4 Man power supply RCM not applicable.
5 Security service RCM not applicable.
Message likes :
1 times
09 January 2016
First of all I am thanking you for your reply.
After considering your reply and our financial statements it is very clear that we have not follow the correct accounting in last 5 years which is the service tax audit period as per notice of department,
now I am requesting to you to please guide us, how we can face the questioning of the department during the audit. because our balance sheet and service tax return is not matching moreover our balance sheet is merged with our branches due to this there is some difference between accounting software and balance sheet also due to wrong methods of merging in some cases.
I am requesting to you please guide me on the matter at your earliest. My only concern is to made myself ready to face each and every question of department to save from further action by department under your guidelines.
After considering your reply and our financial statements it is very clear that we have not follow the correct accounting in last 5 years which is the service tax audit period as per notice of department,
now I am requesting to you to please guide us, how we can face the questioning of the department during the audit. because our balance sheet and service tax return is not matching moreover our balance sheet is merged with our branches due to this there is some difference between accounting software and balance sheet also due to wrong methods of merging in some cases.
I am requesting to you please guide me on the matter at your earliest. My only concern is to made myself ready to face each and every question of department to save from further action by department under your guidelines.
09 January 2016
I am not clear what is your requirement.
13 January 2016
Respected Sir,
Can you please guide me what is the reason that (1) rent a cab (2). man power (3.) secqurity services are not applicable on our firm under RCM.
Can you please guide me what is the reason that (1) rent a cab (2). man power (3.) secqurity services are not applicable on our firm under RCM.
15 January 2016
Respected Sir/Madam,
Can any one please guide me that in case, If I not collecting service tax on the bill of GTA and legal service and consultancy under RCM (reverse charge macnisum) moreover the party is also not charging any service tax on there bill.
we are a partnership firm but not a LLP.
Now please guide me that in this case where both the parties are in default of not charging the service tax so what can we do, please guide me in detail, more importantly when we are under service tax audit.
Can any one please guide me that in case, If I not collecting service tax on the bill of GTA and legal service and consultancy under RCM (reverse charge macnisum) moreover the party is also not charging any service tax on there bill.
we are a partnership firm but not a LLP.
Now please guide me that in this case where both the parties are in default of not charging the service tax so what can we do, please guide me in detail, more importantly when we are under service tax audit.
17 January 2016
No RCM applicable for those services in your case being firm.
For these services if service provider is a small service provider service tax not applicable on both of you.
For these services if service provider is a small service provider service tax not applicable on both of you.
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