Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

SERVICE TAX CREDIT UTILISE FROM CENVAT

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Dear Sir , We are manufacturing of crane and also registered under Rule 9 of Central Excise Rule, 2002 Similarly we are registered under Service Tax Rules vide under Section 69 of the Finance Act, 1994 . As per new service tax Rules effected on 01.07.2012 all services are covered on negative list other than negative list of services. As on date our regular services are as follows: .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... - 1.Goods Transport by Road(Reverse charge mechanism) 2.Erection, Commissioning Installation 3.Consulting Engineer 4.Renting of Immovalble property 5.Supply of Tangible Assets for use(i.e. Plant Machinery) 6.Others means: Payment against Input services(reverse charge Joint charge mechanism) In this case our normal practice as per my knowledge is that service tax liability .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... paid through GR-7 challan(Cash) credit on input services are used against clearance of finished goods liability. Now our question is that can Cenvat credit/service tax credit be utilized for payment of service Tax on above mentioned service tax liability. Our Internal auditor is advised to us for above services payment of service tax liability can utilized from service tax credit/Cenvat credit A .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ccount. Kindly give your valuable suggestions for the above subject matter. With Best Regards, SNEHAL SHAH - Reply By JAMES PG - The Reply = Input service credit can be utilised for payment of Excise duty on finished goods or for the payment of Service Tax on provision of Service as is provided in Rule 3(4) of CCR . The only restriction is that such credit cannot be utilised for di .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... scharging ST liability under reverse charge mechanism - Reply By Pradeep Khatri - The Reply = Under reverse charge mechanism, the service recipient has to pay the service tax through cash transactions. CENVAT credit will be available as per the provisions of the CENVAT credit Rules. - Reply By MANDAVILLI RAMAKRISHNA - The Reply = u can set off cenvat credit against service tax liabilit .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... y if and only if you are providing services by using the capial goods on which cenvat credit is availed. you can set off service tax input on input services only against the liability on output services, if the input services are not used for manufacturing but used for providing taxable services only. rk - Reply By JAMES PG - The Reply = Observation of Mr Ramakrishna .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... is not correct. Input service credit can either be utilised for ED payment or for ST payment. There is no one to one correlation required and the only restriction is that credit cannot be used for discharging liability under reverse charge mechanism - SERVICE TAX CREDIT UTILISE FROM CENVAT - Query Started By: - S SHAH Dated:- 20-10-2012 Service Tax - Got 4 Replies - Service Tax - Discussion For .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... um - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates