Input service credit - Reg.

[vinay wakde]

We have our owned Barges & Tugs. We have constructed  a jetty which is covered under minor Port. The jetty is exclusively used by us for movement of coastal cargo of finished goods & to bring the imported consignments of Raw material.  We are receiving service i.e. “Marine security service” for our ships as per “International Ship and Port Facility Security (ISPS) Code”which is mandatory. The ISPS Marine security  detect security threats and take preventative measures against security incidents affecting ships or port facilities used in international trade.

Presently, the service provider is not collected any Service Tax from us. However, during the Excise Audit of our factory, we have been asked to give name of the service provider with details of their Bills as per the Accounting ledger.

 Kindly clarify whether Service Tax shall be recovered from us on reversed charged method?  If the Service Tax recovered by Department from the service provider, shall we eligible for taking Input service credit?

Regards,

VINAY

[YAGAY andSUN]

Your service provider is liable tocharge the service tax and to deposit it with the Government.  If your service provider charge and deposit the service tax before issuance of SCN, only then, you can avail the CENVAT credit otherwise not.

AI Summary

Service tax liability: marine security providers must charge and deposit tax; credit allowed if deposited before show-cause notice. Liability for service tax on ISPS-code marine security services provided to the owner's vessels and exclusive jetty lies with the service provider, who must charge and deposit the tax; the recipient may claim CENVAT credit only if the provider has charged and deposited the service tax prior to issuance of any show-cause notice.