TaxTMI 
TaxTMI 
Reverse Charge
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....everse Charge<br> Query (Issue) Started By: - Prashant Premlani Dated:- 16-2-2016 Last Reply Date:- 17-2-2016 Service Tax<br>Got 9 Replies<br>Service Tax<br>Can we avial tax credit in case of Reverse charge and if tax credit is not availed can the refund be claimed ?? If the refund can be claimed, what is the procedure ?? Reply By KASTURI SETHI: The Reply: Sh.Prashant Premlani Ji, Under RCM, ....
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....the recipient of service will pay ST by way of GAR-7 challan. Such challan is eligible for availing cenvat credit under Rule 9(1) (e) of Cenvat Credit Rules, 2004. Reply By Prashant Premlani: The Reply: Thanks Kasturi Sethi Sir for your valueable advice I also wanted to know that if the credit is not availed, can we claim refund ? If yes , under which section ?? Reply By KASTURI SETHI: The R....
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....eply: No provision for refund. Reply By CS SANJAY MALHOTRA: The Reply: Dear Mr. Prashant, Validate the facts placed by Sh. Kasturi ji. You are eligible for refund in case of Exports only either under Rule 5 of CCR 2004 and Notification No. 41/2012-ST. In case of refund under Rule 5 of CCR, you have to avail the Input Credit initially. Reply By KASTURI SETHI: The Reply: SH.CS SANJAY MALHOTRA....
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.... JI, YES SIR. I agree with you. In case of export, the party is eligible for refund as advised by you. Thanks. Reply By MARIAPPAN GOVINDARAJAN: The Reply: As indicated by my professional colleagues since your service does not amount to export of services, refund will not be eligible and you can avail credit for the same. Reply By Ganeshan Kalyani: The Reply: The cenvat credit of swachh bhara....
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....t cess is not yet allowed by the Gvt and therefore there is no question of applying for refund. Thanks. Reply By Mahir S: The Reply: Yes, sir , detailed reply on each aspect already furnished above by learned personalities, hence I endorse their views. Reply By Prashant Premlani: The Reply: Thanks a lot Mr. Sanjay, Mr. Sethi and Mr. Govindranjan for providing your views on the topic.<br> Discus....
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