New User   Login      
Tax Management India .com TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

Cenvat Credit

Service Tax - Started By: - PATIL MHATRE - Dated:- 5-3-2016 Last Replied Date:- 11-3-2016 - Dear Expert,Brief:Assessee is a partnership firm having business of builder and developers. Incorporated during the period 2011 - 2012. He was not regular payer of service tax and it opted for VCES scheme and paid all outstanding service tax till the VCES period scheme Dec-2012.Facts: The total till the VCES scheme period was ₹ 7 lakhs. Assessee never filed the service tax return for the period cove .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

lity for the quarter Oct-13 to Dec-13.Objection raised by Department: The of ₹ 6 lakhs was never availed by Assessee in its return. As per new rules of , the should be availed within 12 month of date of invoice. As on today s date the period of 12 month have been already lapsed and hence the for the same cannot be availed today. Department is of view that even after filing the delayed service tax return for the period Jan-13 to Mar-13, Assessee is not eligible to claim the said of that per .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

efore October 2014? - Reply By Ganeshan Kalyani - The Reply = At the outset the ST payment made during the VCES period is considered as complete compliance and no assessment or audit shall be carried out for this period unless there is suppression of facts or concealment of facts is done. Secondly the time period for availing the credit after the amendments have created lot of difficulties. In some case laws it is given that the time period of taking credit will apply to the credit pertaining to .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

n by paying late fee ? - Reply By Mahir S - The Reply = No Sir.. - Reply By KASTURI SETHI - The Reply = Sh. PATIL MHATRE Ji, I agree with both Sh.Mahir S., Sir and Sh. Ganeshan Kalyani, Sir. Sh.Ganeshan Kalyani, Sir has emphasised on time factor and he is absolutely right. Thus you are not eligible for on both factors i.e. merits as well as time factor. For your additional information, relevant extracts of FAQs based on Board's No. Circular No. 170/5/2013-S.T., dated 8-8-2013 and Board's .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

service in respect of which declaration has been made shall continue to be governed by the provisions of the Rules, 2004. Q22. (a) Whether the tax dues amount paid under VCES would be eligible as to the recipient of service under a supplementary invoice? (b) Whether would be admissible to the person who pays tax dues under VCES as service recipient under reverse charge mechanism? Rule 6(2) of the Service Tax Voluntary Compliance Encouragement Rules, 2013, prescribes that cannot be uti .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version