can service tax credit avail on Supplementary inovice

Queries 2306 views 5 replies

We are receiving service regarding loading and unloading of goods in our factory.The service provider does not charged any service tax during the period 2004-05 and also not registered with service tax deparment.The service provider applied for service tax registered with service tax department in 2005-06 and same during period service provider charged service tax in his invoice 2005-06 for such service.During service tax audit in service provider premises service tax department observed service provider have not paid service tax during period 2004-05.The service provider it self paid service tax with interest immediately before SCN issued by department and department also not issued SCN till date.

 

As per provision of excise if any manufacturer raised supplementary invoice in which suppression or tax evasion involve,then cenvat credit does not available to receiver of invoice.But in service tax such provision avail in service tax act and rule and also no such clarficition available in service tax. Can we avail service tax credit against supplementary invoice raised by our service provider and we also not ensure that department will not issued SCN regarding service tax.Can we avail service tax credit where supplemenatary invoice issued pertaining period in which service provider is not registered with service tax department.

 

Replies (5)

The rule you are referring to, is Rule 9(1)(b) of the Cenvat Credit Rules. These rules are specifically applicable to Service Tax.

I do agree with you that this particular rule does not mention anything about service provider, thus we want to argue that it is not applicable to service provider. If however, this logic is taken, there is no provision of credit of service tax on supplementary invoice.

No cenvat credit is available to you on his challan. 

By the way under which category this service falls- loading and unloading of goods.

Originally posted by :Rajesh Kumar
"

The rule you are referring to, is Rule 9(1)(b) of the Cenvat Credit Rules. These rules are specifically applicable to Service Tax.
I do agree with you that this particular rule does not mention anything about service provider, thus we want to argue that it is not applicable to service provider. If however, this logic is taken, there is no provision of credit of service tax on supplementary invoice.
No cenvat credit is available to you on his challan. 
By the way under which category this service falls- loading and unloading of goods.

 

 

 

Dear all

 

WEF 1.1.2005 GTA -Service tax to be paid by the who avails servise tax and not by provider.Provider is no need to collect, As manufacture, can  avail abatement   and  pay /avai  into his book.

 

"


 

Same mentioned above we have received the supplimentary invoice for other than GTA I mean service tax on services received, so is it eligible for credit or not

we are purchasing Raw materials from buyers. Agent booked the material & charged Commissionn on procurment of material. But Agent do not billed invoice after charging Service Tax on Commission. Now they want to pay service tax on Commission charges & raised supplementary invoice after charging Service Tax. Can we avail service Tax on Supplimentary invocie issue by agent. 

Dear Sir

I am also want to know the about the question of rajendra giri.pls suggest in this condion.

 

Pradeep


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