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Q. > Please Help: Service Tax Input Credit
Generally companies will reimburse certain Expenses of Their Employees like - Travelling, Air ticket, Petrol Charges, Telephone Charges etc. In such a case with regard to Service Tax Input Credit I have following Queries:
a) Whether Company can claim Service Tax Input on Such Expenses
b)If yes let me know whether it is necessary that particular Bill Should be in the name of Company itself ?or Whether company can claim input on those bill which is in the name of Companies Employees ?
c) Kindly let me the applicable statutory provisions on this Regard.
d) The above Query is on the assumption that all such Reimbursement Expenses are incurred for providing Taxable Output Services.
Thanks and Regards in advance,
answered Feb 22, 2013 by AKHIL MAHESHWARI , Bhilwara
Dear Ravindra, Company can claim CENVAT credit of Service Tax on such Input Services except if any of these services are used for personal use or consumption of any employee of the company, otherwise the company being service provider, can avail such CENVAT credit, if used for providing an output service, means can claim CENVAT credit if the service received as input is Input Service as per Rule 2(l) of CENVAT Credit Rules, 2004 as extracted above.
answered Feb 22, 2013 by AKHIL MAHESHWARI , Bhilwara
Further, for claiming the credit, the bill need not be in the name of the person who is claiming the credit, i.e. there is no necessity as regard to bill being in the name of company, though company has to prove that it is eligible to claim CENVAT credit....
Experts Panelist
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