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This query is : Resolved
22 August 2012
dear sir,
i have on quavery.
if i am sell of goods,in sell price including the transportation,and i pay to service tax on goods outward transportation,my sell is a for basis,so tell me i will service tax credit on outward transportation,
i have on quavery.
if i am sell of goods,in sell price including the transportation,and i pay to service tax on goods outward transportation,my sell is a for basis,so tell me i will service tax credit on outward transportation,
22 August 2012
It has clarified by Board's Circular No.97/6/2007 dated 23.08.2007 Place of Removal in case of F.O.R based transactions will be the customer site. for availing credit on outward transactions three conditions should be satisfied.
1.Price should be F.O.R( Free on Road)
2.Freight charges should be integral part of the price of the goods .
3.Seller has to bare the risk of loss or damage to to the goods during the transit( Insurance )
Subject to above three conditions, you can take cenvat credit on outward transportation.
Refer Cases:
1.M/s Ambuja Cements Vs UOI(2009) 236 ELT (P&H HC)
2.LG Electronics (India) Pvt Ltd. Vs CCE (E/536/2009 CESTAT)
1.Price should be F.O.R( Free on Road)
2.Freight charges should be integral part of the price of the goods .
3.Seller has to bare the risk of loss or damage to to the goods during the transit( Insurance )
Subject to above three conditions, you can take cenvat credit on outward transportation.
Refer Cases:
1.M/s Ambuja Cements Vs UOI(2009) 236 ELT (P&H HC)
2.LG Electronics (India) Pvt Ltd. Vs CCE (E/536/2009 CESTAT)
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