Way to take cenvat
This query is : Resolved
priyankabagga
(Querist)
25 December 2013
Hii..My query related to service tax:
A manufacturer takes services of job work printing which is included under negative list and therefore exempted.Now if job worker not aware of fact that this service is exempt under negative list and thereby raises invoice to service receiver with service tax and manufacturer too not knowing the fact that no service tax is payable pays it to job worker who further deposits it to govt, then can manufacturer avail cenvat credit on it on basis that job work service is used for making dutiable final product which is otherwise exempted service.pls answer with sections and case laws( way out if any)
A manufacturer takes services of job work printing which is included under negative list and therefore exempted.Now if job worker not aware of fact that this service is exempt under negative list and thereby raises invoice to service receiver with service tax and manufacturer too not knowing the fact that no service tax is payable pays it to job worker who further deposits it to govt, then can manufacturer avail cenvat credit on it on basis that job work service is used for making dutiable final product which is otherwise exempted service.pls answer with sections and case laws( way out if any)
Guest
Guest
(Expert)
25 December 2013
Refund can be claimed u/s 11B of Central excise act by virtue of section 83 of the said act.
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