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CENVAT Credit on GTA

This query is : Resolved 
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(Querist)
18 December 2010 Dear Expert
I am working with Pvt. Ltd. company and we are paying freight to the transporter and booking service tax liability under head Service Tax Payable - GTA. Now my question is that Can we take CENVAT of this Service tax paid by us? Please reply at the earliest.
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CS ,CMA Shambhu Kr. jha

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CS ,CMA Shambhu Kr. jha (Expert)
18 December 2010
As far i think you can't take credit to the service tax paid coz you are paying service tax on behalf of transporter not under your own account .And further at the time of making payment to the transporter i think you were making adjustment for the amount paid for the Service tax .
Thanks
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JEEVAN KUMAR JAIN

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JEEVAN KUMAR JAIN (Expert)
18 December 2010 No, They can take cenvat credit. I think on payment they are booking service tax liability on freight and discharging the liability by payment of of service tax on GTA, which is correct. so they can take cenvat credit on GTA after payment of service tax.

Jeevan Kumar Jain
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CMA Ramesh Krishnan

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CMA Ramesh Krishnan (Expert)
18 December 2010 Service tax paid on GTA can be taken as cenvat credit.
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