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TMI BlogTax not paid in Service tax_where to pay and whether ITC availableX X X X Extracts X X X X X X X X Extracts X X X X ..... Tax not paid in Service tax_where to pay and whether ITC available X X X X Extracts X X X X X X X X Extracts X X X X ..... 1. Whether service tax payable under service tax head or we can pay GST 2. Whether ITC available to us Need urgent advice Reply By YAGAY and SUN: The Reply: You need to pay pending service tax in cash but no ITC/CENVAT credit would be available to you. Reply By KASTURI SETHI: The Reply: Deposit of ST online is also available. No ITC available as opined by M/s.YAGAY and SUN, Sirs. Reply By ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rajagopalan Ranganathan: The Reply: Sir, As per Section 142 (8) (a) of CGST Act, 2017 " where in pursuance of an assessment or adjudication proceedings instituted, whether before, on or after the appointed day, under the existing law, any amount of tax, interest, fine or penalty becomes recoverable from the person, the same shall, unless recovered under the existing law, be recovered as an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arrear of tax under this Act and the amount so recovered shall not be admissible as input tax credit under this Act. Therefore service tax if not paid under the existing law is recoverable under CGST Act as arrear of tax under CGST Act and the amount so recovered shall not be admissible as input ta credit under CGST Act. Reply By Alkesh Jani: The Reply: Sir, I agree with Sh. Rajagopalan sir It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall be paid under GST head "OTHERS". Thanks Reply By DR.MARIAPPAN GOVINDARAJAN: The Reply: You have to pay the service tax along with interest at the applicable rate and you cannot avail CENVAT credit. Reply By Yatin Bhopi: The Reply: Thanks a lot for clarifications. Unfortunately no ITC is available under GST even though payment was under RCM, this is going to be cost to us. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s there any way (Since amount involved is huge). If there is no GST, ITC was available Reply By KASTURI SETHI: The Reply: If the amount is huge, throw the ball in the court. 'Time factor' may help you. Do not surrender without fighting. Expert Advocate/Consultant/CA can resolve your problem on the ground of "time factor". Reply By Alkesh Jani: The Reply: Sir, In terms of Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 17(5)(i) of CGST Act,2017, ITC is not available only in case any tax has been paid in accordance with the provisions of Section 74, 129 and 130. As you have not paid tax in accordance with the above provisions, ITC may be available. Please consult the experts and do the needful. Hope for the best. Thanks Reply By KASTURI SETHI: The Reply: Anyhow, it is a hard nut to crack but efforts must ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be made. Only route is through litigation.
Reply By Yatin Bhopi:
The Reply:
Thanks all, for your valuable feedback. We are consulting this issue with our consultant X X X X Extracts X X X X X X X X Extracts X X X X
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