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cliam or refund on service tax paid on GTA

This query is : Resolved 
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(Querist)
12 August 2008 total freight 40000/-
S.T on him 40000*25%*12.36%=Rs. 1236

so entry in books
total freight 41236

To service tax payable 1236
To Party 40000

this entry is coorect?
because we are book ST as a expense ok
so can we claim input in such situation ?]
if we are not able to utilized such input so can we take refund of it . refer me all provision?
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CA MOHIT VAATS

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CA MOHIT VAATS (Expert)
20 August 2008 Mr. Sachin,
As per the GTA Service, the liability to pay the service tax is on the person who paying the freight... Also u can't take the credit of the sum paid on account of service tax. It's ur expense.

Kindly refer the Service of GTA...
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