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Prakash (Querist)

08 May 2009 Transporter have not charged Service tax in Bill for exemption and issued consignment note then our liability to pay service tax on this. Can we take Cenvat on Service tax paid for carriage Inwards in same month when we deposit to Bank?

If transporter has not issued consignment note and they have no service tax reg. no.then also will we have to pay service tax for this?

Madhukar N Hiregange

Madhukar N Hiregange (Expert)

11 May 2009 Your second question first- if the person provding the service is a GTO ( owner/ operator) and not a GTA ( agent/ booking agent) then in my view there is no service tax liable at all. The FM in his budget speech in 2004 made that clear.
Where consignment notes exist the ST paid is eligible as credit. What shouldbe done is that the payment for the same shouldbe made on 29-31 by way of challan. Since the ST has been paid the same can be adjusted for the ST.CE payable for the month by 5th of next month.

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