Reverse charge mechanism

This query is : Resolved 

01 September 2015 Sir, Please tell me what will do as an Auditor in the following situation.
In case of RCM, service provider has raised an invoice where 100% of service tax has been charged.

02 September 2015 What is the nature of service ?

02 September 2015 In the case of Security services.

03 September 2015 In this case, the invoice should be sent back to the service provider for revision since in case of RCM, the service recipient is liable to pay tax to the government and not the service provider.
In the current case, Service recipient in no case should pay service tax amount to the service provider. Also, the service provider is not liable to levy service tax in respect of the security services

03 September 2015 Thank you Sir.

Can a manufacturer of excisable goods take CENVAT credit of service tax for Security services received at the Guest house of other branch located outside the premise of factory. It is taking CCR of S.T for the same received at that branch office only not at Guest house.

04 September 2015 As per the cenvat credit rules, 2004, any person can avail the cenvat credit on the service tax paid under reverse charge mechanism.

04 September 2015 That means in every services under RCM service receiver can take cenvat credit on service tax whether it is input service or not. In the above case is security services at guest house an input service for Company ?


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