Hi Experts,
Can take full CENVAT credit on ST if a works contractor wrongly collects 100% service tax instead of reverse charge at 50%.
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Cenvat credit on service tax
Replies (3)
Yes dinu if you have paid it then claim it. Regards
But it will be better if you make adjustment with party by taking a fresh bill as this case comes under reverse charge. Take back the amount paid to party (50%) . Because your auditor can question you on this.
Hi Manoj,
Thank you for the reply. Auditors question is not relavant here. We are registered private limited company engaged in the business of construction of commercial complexes. One of our subcontractor collects 100% service tax from us and paid to the central government. In this circumstance i need to know that shall we can claim the full amount paid to sub contractor instead of 50%. We also paid 50% under reverse charge. Some of my friends said me that the sub contractors liability is only 50%, that much only we can claim.
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