Dear Members,
Can a service receiver being paid service tax on Goods Transport Agency(GTA) under reverse charge mechanism availing abatement of75% of value, can he take credit the service tax paid on 25%.
Bhanu Prakash Rao (Think Beyond Stay Ahead...!) (1064 Points)
11 October 2012Dear Members,
Can a service receiver being paid service tax on Goods Transport Agency(GTA) under reverse charge mechanism availing abatement of75% of value, can he take credit the service tax paid on 25%.
CA Pooja Agarwal
(Chartered Accountant)
(3228 Points)
Replied 11 October 2012
Sl.
No. |
Descripttion of taxable
service |
Percent-
age
|
Conditions
|
(1)
|
(2)
|
(3)
|
(4)
|
1
|
Services in relation to financial leasing including hire purchase
|
10
|
Nil.
|
2
|
Transport of goods by rail
|
30
|
Nil.
|
3
|
Transport of passengers, with or without accompanied belongings by rail
|
30
|
Nil.
|
4
|
Bundled service by way of supply of food or any other article of human consumption or any drink, in a premises ( including hotel, convention center, club, pandal,shamiana or any other place, specially arranged for organizing a function) together with renting of such premises
|
70
|
(i) CENVAT credit on any goods classifiable under Chapters 1 to 22 of the Central Excise Tariff Act, 1985 (5 of 1986) used for providing the taxable service, has not been taken under the provisions of the CENVAT Credit Rules, 2004.
|
5
|
Transport of passengers by air, with or without accompanied belongings
|
40
|
CENVAT credit on inputs and capital goods, used for providing the taxable service, has not been taken under the provisions of the CENVAT Credit Rules, 2004.
|
6
|
Renting of hotels, inns, guest houses, clubs, campsites or other commercial places meant for residential or lodging purposes.
|
60
|
Same as above.
|
7
|
Services of goods transport agency in relation to transportation of goods.
|
25
|
CENVAT credit on inputs, capital goods and input services, used for providing the taxable service, has not been taken under the provisions of the CENVAT Credit Rules, 2004.
|
8
|
Services provided in relation to chit
|
70
|
Same as above.
|
9
|
Renting of any motor vehicle designed to carry passengers
|
40
|
Same as above.
|
10
|
Transport of goods in a vessel
|
50
|
Same as above.
|
11
|
Services by a tour operator in relation to,-
(i) a package tour
|
25
|
(i) CENVAT credit on inputs, capital goods and input services, used for providing the taxable service, has not been taken under the provisions of the CENVAT Credit Rules, 2004.
(ii) The bill issued for this purpose indicates that it is inclusive of charges for such a tour.
|
(ii) a tour, if the tour operator is providing services solely of arranging or booking accommodation for any person in relation to a tour
|
10
|
(i) CENVAT credit on inputs, capital goods and input services, used for providing the taxable service, has not been taken under the provisions of the CENVAT Credit Rules, 2004.
(ii) The invoice, bill or challan issued indicates that it is towards the charges for such accommodation.
(iii) This exemption shall not apply in such cases where the invoice, bill or challanissued by the tour operator, in relation to a tour, only includes the service charges for arranging or booking accommodation for any person and does not include the cost of such accommodation.
|
|
(iii) any services other than specified at (i) and (ii) above.
|
40
|
(i) CENVAT credit on inputs, capital goods and input services, used for providing the taxable service, has not been taken under the provisions of the CENVAT Credit Rules, 2004.
(ii)The bill issued indicates that the amount charged in the bill is the gross amount charged for such a tour.
|
|
12.
|
Construction of a complex, building, civil structure or a part thereof, intended for a sale to a buyer, wholly or partly except where entire consideration is received after issuance of completion certificate by the competent authority
|
25
|
(i) CENVAT credit on inputs used for providing the taxable service has not been taken under the provisions of the CENVAT Credit Rules, 2004.
(ii)The value of land is included in the amount charged from the service receiver.
|
CA Pooja Agarwal
(Chartered Accountant)
(3228 Points)
Replied 11 October 2012
hence you cannot avail cenvat credit
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