cenvat credit on freight outward
This query is : Resolved
01 July 2010
Dear all,
my client is delivery goods upto place of customer
for such he charging frieght separtely in the invoice and pay service tax separately
whther on such payment can we claim cenvat credit of service tax
or can we claim abatmentand pay ST instead of Setoff
my client is delivery goods upto place of customer
for such he charging frieght separtely in the invoice and pay service tax separately
whther on such payment can we claim cenvat credit of service tax
or can we claim abatmentand pay ST instead of Setoff
Shyam Lal Naik
(Expert)
01 July 2010
The law on this count is not yet settled. The favourable decision in the case of ABB ltd., is under challange in the High Court.
If you can fight, you can take the cenvat as in your case the customer's doorstep is the place of removal.
What is meant by abetment in your query is not clear.
If you can fight, you can take the cenvat as in your case the customer's doorstep is the place of removal.
What is meant by abetment in your query is not clear.
01 July 2010
IF SERVICE TAX CHARGED BY YOUR CLIENT IS FULL RATE OF TAX i.e 10.30% (wihtout taking abatement), then you can take cenvat credit of such freight because for you this freight inward.
If he is charging 25% of 10.30% i.e availing abatment. then you can't take credit of it.
If he is charging 25% of 10.30% i.e availing abatment. then you can't take credit of it.
Ram Avtar Singh
(Expert)
01 July 2010
Service tax on outword cartage not cenvatable.
01 July 2010
The person who is purchasing the goods , for him frieght charged by supplier will be freight inwards, for which credit of service tax can be taken if he has charged full rate of service tax.
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