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Q. > Please Help: Work Contract
Dear member, in my Company tax department is having practice to charge ST @ 6% as recipient and service provider is also charging ST @ 6% so in total we are paying ST 12% . Service provider shows service portion seprately and the rate is applied on service portion only but the confusion is that do we need to pay ST after abatement i.e 60% as it is for fitting of machinery and to apply 3.6% (12*60%*50%) as reverse chage applicable to us and without considering the option (Method) applied by Service provider. also clarify about Cenvat credit of ST paid to Service provider and as per reverse charge in case 1 and case 2. Thanks & Regards, Bhavesh Sanghavi
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Comments
Ashish Hemant Gandhi
19-Dec-2013 , 11:28:14 amabatement is available even for reverse charge mechanism. however cenvat credit can not be availed for the same.
amit gupta
19-Dec-2013 , 01:35:35 pmANUJ GUPTA
19-Dec-2013 , 01:36:00 pmi m not very clear about your question but to the extent it is clear to me, i provide my ans on it. in ST where partial R/C is apply the SR provider and SR Receiver CAN DETERMINE THERE LIABILITY independently by apply different method. Sr Receiver is not require to follow the method adopted by SR provider. therefore you can pay ST @ 3.6%. This 3.6% can't b paid by using CCR. you can take the credit of CCR Charge by SR. Provider. Regards CA. Anuj Gupta
ANUJ GUPTA
19-Dec-2013 , 01:36:13 pmi m not very clear about your question but to the extent it is clear to me, i provide my ans on it. in ST where partial R/C is apply the SR provider and SR Receiver CAN DETERMINE THERE LIABILITY independently by apply different method. Sr Receiver is not require to follow the method adopted by SR provider. therefore you can pay ST @ 3.6%. This 3.6% can't b paid by using CCR. you can take the credit of CCR Charge by SR. Provider. Regards CA. Anuj Gupta