Admissibility of credit of Service Tax paid as recipient under section 66A of the Finance Act, 1994

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Admissibility of credit of Service Tax paid as recipient under section 66A of the Finance Act, 1994

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....ted 10th July, 2009 wherein you have pointed out that while the list of duties/taxes mentioned under Rule 3 of the CENVAT Credit Rule, 2004 covers section 66 of the Finance Act 1994, it does not mention section 66A of the Finance Act. 1994. You have stated that Section 66A of the Finance Act refers to payment by recipient of service imported from abroad, under reverse charge method and, therefore,....

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....ar that section 66A is not a charging section by itself. In fact, it only creates a legal fiction to deem import of service as provision of service within India so that the provisions of Chapter V of the Finance Act, 1994 can be applied to. The charging section remains section 66 even for the service imported. In other words, the tax collected from the recipient in terms of Section 66A is also tax....

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Admissibility of credit of Service Tax paid as recipient under section 66A of the Finance Act, 1994