TMI BlogServices received in indiaX X X X Extracts X X X X X X X X Extracts X X X X ..... We are manufacturer of Automobile parts and we plan to expand our manufacturing facility in this regard we are importing machinery from outside Inda and technical services on the macine operating will be provoded by manufacturer itself. Will it attract service tax in India, if so from whom we can claim the same Thanks K Hariharan - Reply By Allada Ravindra Babu - The Reply = Please refer to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 66(A) of Finance Act, 2006 wherein it is mentioned that taxable services provided by a person abroad to a recipient in India has been made taxable and the Indian recipient is liable to pay service tax in such cases. Service Tax payable under reverse charge mechanism on Technical services provided by the foreign service provider. The same is eligible as input service and such servic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e can not be treated as an out put service for the purpose of availment of credit (refer Rule 5 of the Taxation of services Rules, 2006) With Regards, Allada Ravindra Babu . - Reply By NEERAJ KUMAR, RANCHI - The Reply = If the supplier of goods charge money for providing you technical service it will definitely attract service tax and only you will be liable to pay service tax and no one ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... else and you can not take Cenat Credit of that amount. Refer to Section 66A of the Finance Act, 1996. - Reply By sv bhasker - The Reply = Sir , It appears you take technical know how services from foreign service provider. You have to pay service tax under IPR services under Section 66A read with Taxation of Services (provided from Outside India and received in india) Rules, 2006 by paying ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in cash. However, you can take cenvat credit basing on the challan considering technical know how service as input service. - Reply By raj kumar shukla - The Reply = From the query ,it is not clear as to where the services can be classified.nontheless service tax is leviable and also available as credit - Reply By NK SHETE - The Reply = One of the expert opines cenvat credit cannot be avail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed whereas another opines opposite. I for one stand with second opinion. - Shete - Reply By raj kumar shukla - The Reply = KINDLY ELUCIDATE WHY CREDIT CAN NOT BE TAKEN.SERVICE TAX LEVIABLE UNDER SECTION 66A HAS BEEN ALLOWED AS CREDIT WEF 18/04/2006 BY SECTION 71 OF FINANCE ACT 2011 . - Reply By NEERAJ KUMAR, RANCHI - The Reply = with reference to my reply on the subject, I wish to p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... artly correct my self, You can not utilise cenvat credit for payment of your tax liability but to pay by cash, however after such payment the same will be available for cenvat credit. - Services received in india - Query Started By: - hari hararn Dated:- 26-12-2011 Service Tax - Got 7 Replies - Service Tax - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nagement India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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