Please Help: Service Tax - Input
Posted Date : 31-Mar-2014 , 05:37:15 pm | Posted By: Goutam Sabyasachi
Category :
Service Tax | Answers :
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Comments :
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Dear All,
A exporter company named X ltd, procuring manpower service for manufacturing of goods and GTA service for procurement of material to be consumed.
X ltd had paid service tax under reverse charges. X ltd manufactures good only for export.
My Query is, can X ltd get refunded Ser Tax Paid on input services if yes please let me the procedure. If there is another way to get benefit please advise.
Regards,
Goutam
9015940826
goutamca@gmail.com
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Posted By : SARTHAK JAIN |
02-Apr-2014, 11:13:01 |
Hi,
Your understanding is very much correct. I apologies for that part misstatement. Thanks for correcting me.
Coming back to your present query, the service tax paid on services used upto place of removal of excisable goods is eligible as input credit under rule 2(L)of Cenvat Credit Rules, 2004 (CCR). Further, Rule 5 of CCR provides for refund of such input credit if the same can not be utilized otherwise. The CG has issued Notification No. 27/2012- C.E. (N.T.) dated 18.06.2012 to provide for the manner of claiming such refund.
So, in any case, the ST paid upto place of removal is also eligible for refund.
Hope that clarifies...
Regards |
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Posted By : Goutam Sabyasachi |
02-Apr-2014, 01:57:16 |
Dear Mr. Sarthak Jain,
As per my understanding of Notification 41/2012, an exporter could not claim for rebate of service tax paid on taxable services used for manufacture of EXCISABLE GOODS UPTO the place of removal. {Ref: para (1)(a)(i) of said notification}
Please clarify.
Regards,
Goutam |
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Posted By : SARTHAK JAIN |
01-Apr-2014, 01:21:34 |
Yes. The Central Government can grant rebate of service tax paid taxable services received by an exporter of goods and used for export of goods. For this purpose, CG has issued Notification No. 41/2012-ST dated 29.06.2012 wherein refund can be claimed both for service tax paid on taxable services used beyond place of removal and input services used upto place of removal of export goods. The procedure is also specified under the above-said notification.
Hope this helps.. |
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