Input credit on gta

This query is : Resolved 

19 January 2015 Hi,
Is Input Credit available on Service tax Paid on GTA under Reverse Charge?.

Thanks

19 January 2015 Yes input credit is available for service tax paid under RCM on GTA.

20 January 2015 Thanks Sir.

Can you tell me relevant section for the same .

Why Service Tax on Rent a Cab under RCM is not available for Cenvat Credit .


20 January 2015 Please see the link.
https://taxguru.in/service-tax/cenvat-credit-gta-service-dilemma-solved.html

W.e.f. 01-04-2011, the Central Government has amended the definition of ‘input service’ under Rule 2(l) of Cenvat Credit Rules, 2004 vide Notification No. 3/2011 – CE(NT) dated 01-03-2011 and again vide Notification No. 18/2012 – CE(NT) dated 17-03-2012 (w.e.f. 01-04-2012). The effect of the amendment is that rent-a-cab service has been specifically excluded from the definition of ‘input service’ and hence cenvat credit is generally not available. Cenvat Credit is available only when rent a cab service could be related to a motor vehicle which is capital good for them. In other words, when a motor vehicle designed to carry passengers including their chassis, registered in the name of provider of service, when used for provided output service of- (i) transportation of passengers; or (ii) renting of such motor vehicle; or (iii) imparting motor driving skills, then cenvat credit can be availed.


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