Reverse-charge-mechanism-applicability-to-partnership-firm
This query is : Resolved
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
(Expert)
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.
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
05 May 2016
any notification or rule under which i can avail excess paid service tax
CA R SEETHARAMAN
(Expert)
05 May 2016
This is based on high court decision search and find out from www.taxindiaonline.com
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