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Harshad S Gholap (Auditor)     26 July 2017

Service tax paid under reverse charge in july 2017 and transitional provision

we are manufacturer registered under excise and service tax. we have paid service tax under RCM in july 2017 for the month June 2017.

As per CCR 2004 rule 3(7) allowed cenvat credit on RCM services after payment of tax. we paid S. tax in july 2017.

We also file all return as per existing law. under section 140 Transitional provision cenvat credit carry forward if it shown as closing as on 30th june 2017.
under the circumstances can we eligible for credit or carry forward the same in GST, please provide your opinion.
or can we file refund claim?


 12 Replies

NITIN KOTAK

NITIN KOTAK (SERVICE)     26 July 2017

you have to file TAN 1 and TAN 2 for carry forward your excise and service tax balance, please refer TAN 1 and TAN 2.
Harshad S Gholap

Harshad S Gholap (Auditor)     27 July 2017

Mr nitin thanks for reply, but no provision in TAN1 or In TAN2 to carry foward the credit or tax paid in july 2017. please provide / elaborate any rule or section.
NITIN KOTAK

NITIN KOTAK (SERVICE)     05 August 2017

please send your mob I will send you the details
NITIN KOTAK

NITIN KOTAK (SERVICE)     05 August 2017

also refer section 140 for such transaction
Tejas Parekh

Tejas Parekh   22 August 2017

I have paid service tax on Import of service for the month of Jun 17 on 6th of July, so I have not taken credit in servicetax return and in GST TRANS 1 I don't see any column for transitional credit for ST paid in reverse charge, can anyone help me on this ?

NITIN KOTAK

NITIN KOTAK (SERVICE)     23 August 2017

As per my view add the amount in Service tax carry forward balance and prepare reconcile statement for department audit
Tejas Parekh

Tejas Parekh   23 August 2017

Thanks for reply

Service tax retrun is already filled and if we revise it additional credit will not be available.

NITIN KOTAK

NITIN KOTAK (SERVICE)     23 August 2017

Service tax balance reflects in ER1 and it cannot revised, just add the amount paid towards RCM paid in TRAN1 and prepare reconcile statement.
NITIN KOTAK

NITIN KOTAK (SERVICE)     23 August 2017

Service tax balance reflects in ER1 and it cannot revised, just add the amount paid towards RCM paid in TRAN1 and prepare reconcile statement.
acetax

acetax (consultancy)     20 March 2018

Can we Claim Refund for the Same, If Yes under Which Section?

Shaurya Sahrawat

Shaurya Sahrawat   24 October 2018

I think there is no provision to claim credit of tax paid under RCM in TRAN-1 and hence the same is not allowed as transitional credit
nitinjain

nitinjain (accountant)     13 December 2019

If I paid service tax on advance receipts and I issue bill in Gst regime with gst then how can I avail ITC on my double pay tax (service tax & gst)

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