Refund in case of Reverse Charge System

[Guest]

CAN SERVICE RECIPIENT CLAIM REFUND OF SERVICE TAX IF HE WILL NOT BE ABLE TO UTILIZE AS CREDIT ?? IF YES THEN WHAT IS RELAVANT PROCEDURE? AND ALSO LET ME KNOW LAW PREVAILING FOR THAT CASE..

THANKING YOU.

[YAGAY andSUN]

You may take the refund of accumulated CENVAT credit Credit as per the provision of Service Tax Laws, CENVAT credit Rules, 2004 as amended time to time, if you're exporting services.

[CASeetharaman KC]

Please refer to Notification no 27/2012 dated 20-06-2012

AI Summary

CENVAT credit refund: service recipients may claim refund when credits cannot be utilised, subject to statutory refund rules. A service recipient under the reverse charge mechanism may seek refund of accumulated CENVAT credit when it cannot be utilised, subject to the Service Tax statutory framework and the CENVAT Credit Rules, 2004 (as amended); export of services is a cited context for refund eligibility and procedural requirements are prescribed by those rules and related notifications.