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Service Tax Credit On GTA & TDS

This query is : Resolved 
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(Querist)
24 September 2009 We have made Provision of Transport Charges for Rs 30Lakhs in FY 2008-09, but we didn't deduct TDS.
Now we have received Transportation Bill on 24th September 2009 and service tax not charged by Transporter. I want 2 kanow who will pay the service tax? If service tax libility of us, whether Service Tax Credit will available to us or not? and How much Service tax paid by us?

Whether Expense disallwed in 2008-09 for non deduction of TDS?
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Shyam Lal Naik

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Shyam Lal Naik (Expert)
24 September 2009 If you are one of the specified catagory liable to pay service tax as receiver of service in relation to GTA, then it is your liability to discharge the tax, whether charged by the GTA or not.

Credit admisible, provided the transport service availed by you is an input service in terms of Rule 2(I) of CCR.

If you deposit the TDS before the due date of filing of return of income, the expenses will be allowed in 2008-09, else it will be allowed in the year of payment.
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