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Required clerification on Reimbursement of expenses & cenvat credit thereon

Service Tax - Started By: - RAM SHARMA - Dated:- 9-6-2015 Last Replied Date:- 17-6-2015 - Dear Experts, The Hon ble President has given assent to the Finance Bill, 2015 on Thursday, May 14, 2015. Accordingly, the Finance Bill, 2015 Now as per Section 67: Amendment in definition of the term Consideration to include: a) any reimbursable expenditure or cost incurred by the service provider and charged, in the course of providing or agreeing to provide a taxable service, except in such circumstances .....

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credit on such commission. Whether we are eligible service tax credit on freight and handling charges which is reimburse by the company to own consignment agent. With Regards - Reply By CS SANJAY MALHOTRA - The Reply = Reimbursements towards Govt. Fees and Custom Duty Payments are not chargeable to Service Tax as these are Statutory Payments which do not form part of Service Definition. Input Services defined in Rule 2L of CCR 2004 are eligible for CENVAT Credit. Any amount reimbursed in connect .....

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to indemnify having regard to the common grammatical meaning of the word 'reimbursement'. Reimbursement has to mean and imply restoration of an equivalent for something paid or expended. Reimbursement pre-supposes previous payment. On the basis of above meaning of term reimbursement it can be said that reimbursement can never be treated as consideration as reimbursement is not paid in respect to the services provided by Service provider but towards other expenses which have no connectio .....

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