Service receiver paid service tax to provider but he has not paid to goverment

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..... Service receiver paid service tax to provider but he has not paid to goverment
Query (Issue) Started By: - Sanjay Vasava Dated:- 25-10-2016 Last Reply Date:- 23-1-2017 Service Tax
Got 5 Replies .....

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Service Tax
Dear Sir, We are paid an invoice value with service tax to service provider. But service provider will not paid service tax to service tax department. In this case we can take a s .....

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..... ervice tax credit or not?? Please explain. Thanks & Regards, Sanjay Vasava Reply By Mahir S: The Reply: Sir, Please refer sub rule (7) of rule 4 of Cenvat Credit Rules, 2004 , which is self expl .....

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..... anatory. Reply By Ganeshan Kalyani: The Reply: If you have paid the tax to the service provider then you are eligible to tax credit based on invoice. Reply By MARIAPPAN GOVINDARAJAN: The Reply: Yo .....

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..... u can take credit on the service tax irrespective of the fact whether the service provider pays the service tax with the department or not. But this position will be in the reverse in the GST regime. .....

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..... Reply By Ganeshan Kalyani: The Reply: Only when supplier pays the tax the recipient will be able to take the credit . Reply By YAGAY AND SUN: The Reply: Collecting Service tax from the service re .....

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..... ceiver but not paying to the Government is an offence. However, you can avail the CENVAT credit.
Discussion Forum - Knowledge Sharing .....

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