Dear Sir,
We are only service provider of Generator & registered under Service Tax & VAT. We bought generators as capital goods against form C, including excise duty value. And as we are service provider, we use EXCISE DUTY as input in service tax returns. Now we had issued C form for generators on basic value(i.e. without excise duty).
Kindly advise is there any relevant judgement in support of the above case, which proves there's no need to change the C-form.
Regards
Bunty
Mb:7011557912
Dispute Over C Form Coverage: Should It Include Total Invoice Value with Excise Duty and CST? Conflicting Views Arise. A service provider purchased generators as capital goods with excise duty included and issued a C form for the basic value only, excluding excise duty. The supplier refused to accept the C form, insisting it should cover the total invoice value, including excise duty and CST. Respondents in the forum advised that the C form should reflect the taxable value, which includes all charges on which CST is applied. They also noted that service tax is unrelated to the C form issue. Some mentioned existing judgments and rulings supporting the issuance of C forms net of taxes. (AI Summary)