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service tax credit

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Ashish Agarwal

Ashish Agarwal (Querist)

01 July 2009 can we take service tax credit on freight outwards(export)? please give me case name also.

Vijay Chitte

Vijay Chitte (Expert)

01 July 2009 If intire cost of freight paid up to the customer's doorstep cenvat credit is availble. In view of Circular No. 97/06/2007 - ST credit is admissible if ownership of goods remain with seller till delivery of goods at customer's doorstep, since sales is based on basis of FOR destination, transit insurance and freight charges are borne by the applicant so credit is admissible on outward freight.

This has been also held in the PUNJAB & HARIYANA HIGH COURT in the case of AMBUJA CEMENTS LTD. vs UNION OF INDIA.

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