Reverse-charge-mechanism-applicability-to-partnership-firm

This query is : Resolved

Amit (Querist)
Follow

05 May 2016 I am working with Partnership Firm. We are receiving Contract labourer ( Manpower Supply) from Properiotor & Partnership firm. So they are not charging service tax under RCM & we are paying whole service tax say 14.50% currently.But after reading article on internet i come to know that RCM is not applicable to " Partnership Firm " so my questions are as follows. 1) RCM is not applicable to " Partnership Firm " is it correct or not ? 2 If it is correct then what about service tax paid by us under RCM & Cenvat Credit taken for the same Please reply urgently

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
Follow

05 May 2016 1 Yes it is correct RCM not applicable for this service to firm.
2 In case service tax paid under RCM and cenvat credit taken for the same no problem. No problem in availing cenvat credit on excess service tax paid.

Message likes : 1 times

Amit

Amit (Querist)
Follow

05 May 2016 any notification or rule under which i can avail excess paid service tax

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
Follow

05 May 2016 This is based on high court decision search and find out from www.taxindiaonline.com

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