Service tax qurey

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Dear Sir Due to change in rate of service tax from 10 to 12%. Profeesionals are now asking extra 2%. can we get cenvat credit for this extra 2%. Please give reference of any cicular or section.
Replies (15)

Of course you can...

There is no relation between change of rate of tax and taking Cenvat credit.

 

 

You can take Cenvat Credit of  full 12%

Hi friend Plz refer to newly inserted provisions contained in  Rule 9(1)(bb) of CENVAT Credit Rules, 2004 (w.e.f. 1-4-2011).

The given Rule reads as under:-

Rule 9: Documents & Accounts

(1) The CENVAT credit shall be taken by the manufacturer or the provider of output service or input service distributor, as the case may be, on the basis of the following documents:-

    (bb) a supplementary invoice, bill or challan issued by the provider of output service, in terms of provisions of Service Tax Rules, 1994  except where additional amount of tax became recoverable from the provider of service on account of non-levy, non-payment or short levy or short payment by reason of fraud collusion or willful mis-statement or supression of fact or contravention of any of the provisions of Finance Act or of the rules made thereunder with the intent to evade payment of service tax. 

 

Thus, in the given case as the additional service tax of 2% became payable on account of change in service tax rate, hence you can take the credit of this extra 2% paid by you to the professionals (the service providers) on the basis of supplementary invoice issued by them.

Agree with Prateek Agarwal

When you can take credit of 10%, you can also take credit of 12%..

100% you can take credit...............

 

Dear Ganpat,

You can take cenvat credit for enhanced rate of sevice tax.

                                   CA vinod Kumar Gupta

is service tax applicable on sale of immovable property,eg-land,building etc?

It is necessary to take different Service Tax registration No for providing different service
Originally posted by : Vijaykumar Manubhai Patel
It is necessary to take different Service Tax registration No for providing different service

No it is not required. If you can get into ACES for registration you will not find any classification of service.
Originally posted by : Anshika

is service tax applicable on sale of immovable property,eg-land,building etc?

No it is specifically excluded from the definition of service. So no service tax on the same would be applicable provided there is only change is ownership and no other ancillary service agreement.

Dear Sir,

I have entered into a  pure sale agreement for land. My advocate has asked me to pay the stamp duty as well as 12% sevice tax on sale of land, Is he correct?

No on sale of land there will be no service tax, you can be rest assured for that. You can ask your advocate that by virtue of which section will you be paying Service tax. For making payment you need to register with Service tax Department, file regular returns, and as it is an indirect tax, you need to charge the same upon the service receiver. No service tax on the issues narrated by you.

Dear Vijaykumar Manubhai Patel ,

 It is not necessary to take registration for each service provided . You can take only onr registration no. for all  services provided by you.But at the time of filing of ST3 you have to give full detail of each sevice provided by you.

 CA VINOD KUMAR GUPTA


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