Rent-a-car - Notification no.8/2014 dated 11th July, 2014

[Ganeshan Kalyani]

Dear Sir,

I would like to have clarification on Notification no. 8/2014 dated 11th July 2014 amending the notification no. 26/2012 dated 20th June, 2012. In serial no.9 in notification 26/2012,' Renting of any motor vehicle designed to carry passengers'' which is already amend with ''Renting of motorcab'' and the conditions in colomn four is amended vide Notification 8/2014.

The conditions for abatement is amended with respect to provider of service should not have taken credit on inputs and capital goods and credits on inputs on service should have taken subject to the conditions given.

I would like to have clarification whether the service recipient who pay service tax under reverse charge will be required to collect any declaration from the service provider as regards the conditions which have brought vide notification for availing the abatement of 60%.

regards,

ganesh

[YAGAY andSUN]

Dear Ganesh,

Yes, you are under obligation to get a declaration in this regard from the service provider that no CENVAT credit was availed by them on the Capital goods/Inputs/Input Services.

Regards,

Team YAGAY and SUN

(Management and Indirect Tax Consultants)

[Ganeshan Kalyani]

Dear Pradeep Sir,

I would like to stretch the question, whether there is any format for declaration to be sought from the service provider on bill/invoice raised by him.

regards,

ganesh

[YAGAY andSUN]

Dear Ganeshan,

We have not come across with any such format as yet. You may obtain it in simple language, on the letter head of the service provider and duly signed by the authorized signatory whose signature duly attested by his banker and along with proof of such authorization.

Regards

Team YAGAY and SUN

(Management and Indirect Tax Consultants)

[Mahir S]

A declaration to the effect is already being provided by the service provider on his invoice when issued to the service recipient.

[Ganeshan Kalyani]

Dear Naveed,

There are small local rent-a-cab service provider who are not aware of any such declaration. As a service recipient we are paying service tax on 40% of billed invoice. So shall we require to take such declaration from service provider as we are paying only on 40% of value. When the reverse charge notification was issued, many service recipient paying service tax under GTA service have taken declaration on the invoice. The declaration was same as the condition given in the notification no.26/2012 dated 20.06.2012. Similar to such declaration I was assuring for rent-a-cab service after amendment to conditions vide notification no.8/2014 dated 11th July, 2014.

regards,

ganeshan

[Mahir S]

Dear Ganesh,

The views made by you above is correct.

I do agree with your submissions and expressions made on the said topic.

AI Summary

Abatement conditions for rent a car services require recipients to obtain a provider declaration on absence of CENVAT credit. Amendment conditions the rent a car abatement on the service provider not availing CENVAT credit on inputs and capital goods, and on conditions for input service credits; service recipients paying tax under reverse charge must obtain a declaration from the provider that no such CENVAT credit was availed. No prescribed format exists; a simple signed declaration on letterhead or invoice is commonly used and is advisable, especially from small providers, to document entitlement to the abatement.