Rule 6 of CCR, 2004 - procedure to be followed for availing procedure prescribed under rule 6(3A)

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..... Rule 6 of CCR, 2004 - procedure to be followed for availing procedure prescribed under rule 6(3A)
Query (Issue) Started By: - sunil mehta Dated:- 24-4-2010 Last Reply Date:- 1-5-2010 Service Tax
Got 3 Replies
Service Tax
Explanation I to Rule 6(3)(ii) OF CCR, 2004, says that "......If the mfg of goodsd or the provider of output service, avails any of the option under this rule ,. he s .....

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..... hall excercise such option for all .............................,and such option shall not be withdrawn during the remaining part of the financial year. " Rule 6(3A) (a) mentions about giving 'intimation ' in writing to the Suptd. of C.Excise. Query:-1)Whether service provider availng option under Rule 6(3A) (a) of CCR, 2004, has to mandatorily give intimation every year to suptd.? 2)What happens .....

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..... if he has given in 1st. year but forgot to give intimation in 2nd. year? Reply By napolean bonaparte: The Reply: Pay 10% of the value of the exempted goods or 8% of the value of the exempted services in terms of rule 6(3)(i). That's the thumb rule. A liberal view is that if it is considered as a technical flaw without causing any loss to the revenue, then pay penalty in case the adjudicating offi .....

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..... cer decides so, of course with the usual reversals as per rule 6(3A). Reply By sunil mehta: The Reply: In my query i had mentioned about rule 6(3)(ii_ and not rule 6(3)(i).Rule 6(3)(ii) speaks of reversal of proportionate cenvat credit and not paying 6% of exempted services. Expln.I gives direction to intimate stax dept. if any of the two options are opted by service provider. Whether by not intim .....

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..... ating suptd. of stax about options under rule 6(3)(ii) attracts any penalty ? or whether suptd. may deny cenvat credit on the grounds that no intimation was given ? Pl. clarify Reply By ranganath shenoy: The Reply: pls submit it now ,with arequest for condonation of delay.Mention the fact in the ST-3 RETURN
Discussion Forum - Knowledge Sharing .....

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