Gta 75% abteatement

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Harshavardhan (Querist)
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21 April 2012 Dear Experts

Please clarify If we claim abatement of 75% on GTA. Cenvat Credit available on input services.

Please help me.

Thx & Rgs

Harsha

CA Ankit Gulgulia (Jain)

CA Ankit Gulgulia (Jain) (Expert)
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21 April 2012 You can claim input of service tax deposited as service receiver under reverse charge if the GTA service is for transportation of Input or Capital Goods or for outward transportation till place of Removal.

Harshavardhan

Harshavardhan (Querist)
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21 April 2012 Thank you sir

I have one doubt about ST notification No 13/2012 in that Govt of India give conditions as follows

in table sl no 7

CENVAT credit on inputs and capital goods, used for providing the taxable service, has not been taken under the provisions of the CENVAT Credit Rules, 2004.

Please help me

Thx & Rgs

Harsha

CA Dileep Surya Kumar

CA Dileep Surya Kumar (Expert)
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21 April 2012 Agree with the Expert, under reverse charge method service receiver of GTA ( upto the place of removal) can claim cenvat as input service .

CA Ankit Gulgulia (Jain)

CA Ankit Gulgulia (Jain) (Expert)
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21 April 2012 Harsha , the Conditions in Sl No. 7 is as below

"CENVAT credit on inputs, capital goods and input services, used for providing the taxable service, has not been taken under the provisions of the CENVAT Credit Rules, 2004."

This is for the Those who are providing the GTA Services and are themselves liable to pay taxes and Not for those who receive GTA Service and are liable to pay service tax as service receiver under reverse charge mechanism.

I assume u are paying ST as service receiver and hence input would be available as discussed earlier.

Harshavardhan

Harshavardhan (Querist)
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21 April 2012 Yes sir i am a service receiver i have pay service tax and claim cenvat credit on excise duty payable..

Thanks for your valuable information

Thx & Rgs

Harsha

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