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Input Service Credit on Govt Organisation Invoice

Service Tax - Started By: - Swapneswar muduli - Dated:- 18-10-2015 Last Replied Date:- 22-10-2015 - Dear Sir,We are a manufacturer ,our employee gone for a training course of a Government organization ( Government of India Ministry of Communications & IT Department of Electronics and Information Technologies ) and they give us invoice with charging the service tax .So my question is can we take credit as input service of this service tax as this is a government organization. RegardsSwapneswa .....

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By KASTURI SETHI - The Reply = Since the training has been provided by an institute which is department of Govt. of India. This department falls under the definition of 'GOVERNMENT' as per new definition. Most of the services provided by the Govt. are not liable to Service Tax. I am of the view this institute is not commercial. Sometimes Service Tax is wrongly charged due to lack of knowledge. Pl. ensure that Service Tax has been correctly charged. If wrongly charged by the Service Prov .....

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ise a person will become stagnant water. I differ with you on the ground that if any assessee whether manufacturer or Service Provider pays Central Excise duty or Service Tax in excess on any ground whatever may be, that is unlawful and thus Cenvat Credit taken on that excess amount of duty or Service Tax is also unlawful. For example ; the rate of Service Tax is 10% adv. and the Service Provider charges 12.%, the recipient of the service will take credit of ST paid @10% and not at the rate of 1 .....

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