Service tax paid under reverse charge paid to an advocate

Our Company has paid Service Tax under Reverse Charge for the services of an advocate for getting due diligence audit on the New Brand we have acquired.

While capitalising the amount paid for the brand, the related costs are also capitalised, like amount paid to advocates etc.

While receiving the royalty for using the brand by assigned user, we may have to collect service tax and set off the service tax input so paid under reverse charge.

The question is the service tax paid under reverse charge is a capital service credit or as such we can set off.

Replies (2)

Hello,

If you have already capitalized it, you cannot avail credit on the same because it will be double benefit……..

Either you can take CENVAT credit of the taxes paid or claim as expenses (capital/revenue)…

If you have capitalised the amount along with service tax then you are not eligible to claim input of service tax.

Ideally you should capitalise whole amount rather than claiming input of service tax.

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