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service tax credit

This query is : Resolved 
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(Querist)
11 December 2007 is service tax credit is avialable on reimbersment of expenses to the employees?

if Yes, please give some case law or notification or any statutary supporting
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Dayal

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Dayal (Expert)
13 December 2007 If the expense is incurred in the course of conducting the business, even if the expense is reimbursed to the employee credit can be availed subject to following conditions being fulfilled

The expense Invoice / Bill should be in the name of the company and not the individual

the invoice should contain all the elements such as reg no of the service provider, category of service, service tax is shown separately

If all of the above is fulfilled credi of service tax can be availed

https://www.caclubindia.com/homepage/DM%20Associate/
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jegannath G

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jegannath G (Expert)
23 February 2008 Normally if you are reimbursing the service tax to the employee to the invoices raised in the employees name, then it is not eligible for service tax cenvat.

Criteria is the invoice should in the name of the company
& it should be paid by the company
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