Service TAX 12.36%

Dear All

if any vendor  Charged the Service Tax @ 12.36% on his invoice  after 28/02/2009 but by mistakly we also paid this amount.to vendor

so can we get all  input cerdit @ 12.36%  those we have paid to vendor.

or only 10.3%

pls reply

 

 

Replies (4)

YOU CAN GET CREDIT OF THE WHOLE AMOUNT OF SERVICE TAX YOU PAID.SIMULTANEOUSLY ENSURE THAT THE VENDOR HAS DEPOSITED THE WHOLE 12.36% SERVICE TAX COLLECTED TO DEPARTMENT.

thank you so much

In my opinion it is not required to ensure from the vendor whether he has deposited or not. You have paid to vendor is enough for claiming the cenvat credit.  

Mr. Dilip, First see the period of service rendered. If the service is rendered prior to 24th of Feb 2009 and invoice is raised after the said date, the service tax rate 12.36 is correct. You are entitle to take cenvat credit of service tax actually paid to the vendor. There is no need to ensure whether or not the vendor has deposited the service tax to the credit of Central govt.

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