Service tax clarification
This query is : Resolved
dheeraj kumar
(Querist)
14 March 2014
Sir
Please explain the below mentioned concept in simple example
The GTA abatement is available subject to the condition that the 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.
Regards
Dheeraj Kumar
Please explain the below mentioned concept in simple example
The GTA abatement is available subject to the condition that the 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.
Regards
Dheeraj Kumar
15 March 2014
Eg. Y is a goods transporter and is liable to pay service tax.
For providing such service he purchased a truck which is capital goods.
He got his truck serviced which is input service.
On the capital good & input service he paid service tax.
He is eligible to avail CENVAT credit of the service tax.
He has to pay service tax on freight collected by him.
He can avail abatement of 75% if he DOES NOT avail CENVAT credit of service tax paid on capital good & input service.
For providing such service he purchased a truck which is capital goods.
He got his truck serviced which is input service.
On the capital good & input service he paid service tax.
He is eligible to avail CENVAT credit of the service tax.
He has to pay service tax on freight collected by him.
He can avail abatement of 75% if he DOES NOT avail CENVAT credit of service tax paid on capital good & input service.
dheeraj kumar
(Querist)
15 March 2014
ON CAPITAL GOODS NO SERVICE TAX IS APPLICABLE
DO YOU MEAN EXCISE PL CONFIRM
WHY WILL HE PAY SERVICE TAX ON FREIGHT COLLECTED WHEN AS PER LAW BURDEN OF SERVICE TAX ON GTA HAS BEEN TRFD ON RECEIVER OF SERVICE
PL CLEAR MY DOUBTS
THANKS
DO YOU MEAN EXCISE PL CONFIRM
WHY WILL HE PAY SERVICE TAX ON FREIGHT COLLECTED WHEN AS PER LAW BURDEN OF SERVICE TAX ON GTA HAS BEEN TRFD ON RECEIVER OF SERVICE
PL CLEAR MY DOUBTS
THANKS
15 March 2014
1. Sorry I meant excise duty.
2. Reverse charge is NOT applicable in ALL cases. It is applicable only when the person making payment of freight is one of the specified persons.
Reverse charge is NOT applicable when the person making payment of freight is an INDIVIDUAL or HUF.
In this case the service tax is to be paid by the GTA.
2. Reverse charge is NOT applicable in ALL cases. It is applicable only when the person making payment of freight is one of the specified persons.
Reverse charge is NOT applicable when the person making payment of freight is an INDIVIDUAL or HUF.
In this case the service tax is to be paid by the GTA.
dheeraj kumar
(Querist)
15 March 2014
THANKS FOR YOUR VALUABLE ANSWER
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