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CA Tushar Patil

25-Apr-2013 , 04:25:49 pm

Ok. Suppose if specified conditions are satisfied & GTA falls under Reverse Charge Mechanism. Whether he can reject the Reverse Charge Mechanism & go with levy of service tax in bills & collect it from parties?

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Sanjeet

27-Apr-2013 , 02:39:11 pm

No, Because in actually service receiver is the person who is liable to pat ST in that case. If he charged the same from receiver that not means that the liability of receiver is over. His liability is separate from GTA and fixed by the Act itself.

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Sanjeet

27-Apr-2013 , 02:42:46 pm

If Still Charged the same. Then it will be excess amount received by him as ST and it has to deposit the same with govt and you can take for input or refund for the same as per rules.

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