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Service tax query

milind shrikant deoghare (service/ student ) (1299 Points)

02 August 2014

dear friend

We raised bills in 2010-11, by mistake or typing error , on the top of bill is typed as commercial invoice is not cenvatable claim . on the grounds our vendor is sail bokaro, is refusing to pay service tax portion

Please guide me how to come out of this issue . there is a loss of tax revenue for us

regards

Milind deoghare

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2 Replies

Tribhuvan Aditya Singh (Student as well as Self-employed) (3710 Points)
Replied 03 August 2014

i can see only one option.... raise new bill and cancel previous one.

ANUP GUPTA (KEEP SMILING fcaanupgupta@gmail.com) (303 Points)
Replied 03 August 2014

Practically, its a 3 year old case thats why your customer will not agree to accept such invoice as the excise assessment may have been completed or even if it is pending still they will not agree to accept the option of new bill as they had not taken any cenvat etc. and now not eligible to take cenvat credit.

However, he can not deny for the payment of service tax if at that time he had not issued any objection because he should have told you about these matter. Ultimately he had booked such bill with excise as expense and liable to pay money to your company.

One more thing you can do is to issue Excisable Supplementary invoice raising for Service tax amount only in current year. By doing this your customer can get the cenvat credit in current year.