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TMI Blogtax applicable-regX X X X Extracts X X X X X X X X Extracts X X X X ..... Dear Sir, During the service tax audit the auditors has demanded service tax for services provided for amc for repair,modification work etc .The service providers are individual/firm.The audit team has calculated 70 percent of the value and claimed 12.36 percent with interest. Could any one confirm that how we have pay service tax. whether reverse charge mechanism is applicable. If applicable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... means then we have to calculate 35 percent of the value. The service provider has not registered with the department. whether we have to pay the service provider tax also . Please clarify. very urgent. Thanks S.Ramakrishnan - Reply By Rajagopalan Ranganathan - The Reply = Sir, Annual maintenance contract is included in works Contract Service. 50 percent of the Service tax on the sam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e is payable by the service provider and 50 percent of the tax is payable by the service receiver (vide Sl. No. 9 of Notification No. 30/2012-Service Tax dated 20.6.2012 as amended). Value to be adopted for payment of service tax is 70 percent of the charges levied by the Service provider subject to the condition that CENVAT credit on inputs used for providing the taxable service has not been t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aken under the provisions of CENVAT Credit Rules, 2004. You have to calculate the service tax by taking 70 percent of the service charge charged by the service provider in his invoice and calculate the service tax payable at the rate of 12.36 percent . You have to pay only 50 percent of the tax amount so calculated under reverse charge mechanism. - Reply By Ramakrishnan Seshadri - The Repl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y = Dear Sir, Whether cenvat credit 50 percent paid is eligible for the service tax paid by the service receiver Regards, S.Ramakrishnan - Reply By Rajagopalan Ranganathan - The Reply = Sir, You are eligible to take credit of 50 percent tax paid by you under reverse charge mechanism and utilise the same for payment of CENVAT duty on your final products or service tax payable on output s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ervice provided by you. - tax applicable-reg - Query Started By: - Ramakrishnan Seshadri Dated:- 7-5-2014 Service Tax - Got 3 Replies - Service Tax - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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