Article Assistant
80 Points
Joined September 2011
By the term 'HR Services' it seems that the concern is engaged in providing manpower recruitment services.
Such services are covered under partial reverse charge mechanism provided, the concern is a non body corporate and it provides services to body corporate.
If such is the case,
Liability of Service provider :
Liability = 25000*25/100*12.36/100 = Rs. 772.5
Liability of Service receiver :
Liability = 25000*75/100*12.36/100 = Rs. 2317.5
Service provider should charge only 25% ie. Rs. 772.5 as service tax in the invoice. It should show separately the amount of Basic service tax, edu cess and higher secondary cess and should fulfill other conditions specified in Rule 4A of Service Tax rules, 1994 related to format of Invoice to be raised.
Cenvat credit :
Cenvat credit of 25% can be availed by the service receiver on receipt of invoice and of remaining 75% can be availed as soon as he pays off his liability under partial reverse charge.
Experts, please correct me if i am wrong me.
Thank you !