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Cenvat credit of service tax paid on gta service under rever

This query is : Resolved 
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(Querist)
30 December 2011 our company pays service tax on GTA services for inward freight. I want to know that whether service tax paid on inward freight under reverse charge is available as cenvat credit in paying excise duty on final product.
We also charge outward freight in excise invoice on which we pay service tax @ 2.575% as outward service.
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Dilip Kumar Agarwal

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Dilip Kumar Agarwal (Expert)
22 January 2012 Dear Friend,

Payment of Service Tax on GTA on reverse charge basis (as service recipient) is available as cenvat credit.
So far as availment of cenvat credit on service tax paid on GTA on outward freight is concerned, this depends upon the contract between the seller and buyer but this has been an area of litigation between assessee and department and there are varied opinions on this issue.
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CA Priyanka Goyal

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CA Priyanka Goyal (Querist)
23 January 2012 Thanks Sir
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