Service tax
This query is : Resolved
PIYUSH SINGLA
(Querist)
16 September 2013
Service Provider recovered 100% Service Tax from service receiver
(However, Service Receiver was liable to pay 50% Service Tax under
reverse charge mechanism) and paid to the Credit of the Central Government
whole of the Service Tax Viz. 50% for his own liability and 50% for the liability
of Service Receiver.
Can Service Provider take Cenvat Credit for excess payment made on behalf of
Service Receiver?
(However, Service Receiver was liable to pay 50% Service Tax under
reverse charge mechanism) and paid to the Credit of the Central Government
whole of the Service Tax Viz. 50% for his own liability and 50% for the liability
of Service Receiver.
Can Service Provider take Cenvat Credit for excess payment made on behalf of
Service Receiver?
Ganeshbabu K
(Expert)
16 September 2013
yes, service receiver can take credit ,,as we are taking credit on payment basis only with supporting of GAR7 challan,,so there is no problem in taking credit on servce tax paid
.
.
but here problem is to confirm whether your service provider paid to dept total service tax collected from him
.
.
as per reversecharge you not supposed to pay total 100% to himm,,please stop doing like this from now onwards
.
.
but here problem is to confirm whether your service provider paid to dept total service tax collected from him
.
.
as per reversecharge you not supposed to pay total 100% to himm,,please stop doing like this from now onwards
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