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Some queries related to Service Tax, Service Tax

Issue Id: - 4677
Dated: 6-9-2012
By:- Mridul Sethi

Some queries related to Service Tax


  • Contents

1 Can we take the credit of above input services, any supportive notfn./circular?. 2 Can we pay S.Tax of notification no 30/2012, thru input service tax credit 3 What is the meaning of abatement / non abatement in notification no 30/2012, for choosing one option out of two. 4 service tax on godown rent charged by transporter, whose liability to pay service tax, as the service tax not charged on godown rent bill.

Regards,

Mridul Sethi

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Showing Replies 1 to 1 of 1 Records

Page: 1


1 Dated: 6-9-2012
By:- Pradeep Khatri

Replies to your queries:-

  1. Cenvat credit will be available as per the provisions of CENVAT credit Rules, 2004 as amended time to time.
  2. No, Service Tax under Partial Reverse mechanism would not be adjusted against the credit account.
  3. Answer submitted earlier, for further clarification please check the appended chart:-

 

9(a)

Renting of a motor vehicle designed to carry passengers on abated value If service provider is not availing input credit, 9(a) is applicable otherwise 9(b) is applicable. If service provider does not charge service tax in invoice andhe is not registered under service tax i.e. ST No. not quoted in invoice, it can be assumed that it is not availing input credit.Covered:Hiring passenger cars, cabs, buses etc.

 

Excluded: Radio taxi, metered cab, three wheeler, auto rickshaw, stage carrier, contract carriage and packaged tour, public transport not predominantly for tourism purpose e.g. Meru cabs, bus having contract permit hired for transportation of employees.

4.944%

-

100%

-

1-Jul-12

9(b)

Renting of a motor vehicle designed to carry passengers on non abated value

4.944%

7.4

4. It will depend under which category of taxable service the service provider is registered whether in GTA or Renting of Immovable property.  Anyhow, the ultimate burden will be on service recipient.


Page: 1

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