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Service Tax on Freight

This query is : Resolved 
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(Querist)
04 August 2009 We are a manufacturing company. One of our customer insists us that freight amount and the service tax on freight should form part of the commercial invoice. The freight bill is sent by the transporters to us and we remit the service tax due on it to the Government.
Please advice us whether we can transfer the service tax paid by us to our customer through the commercial invoice.

E.g Format of Invoice
Basic value xxxx
Add : Excise Duty xxxx
Total xxxx
Sales Tax xxxx
Freight charges xxxx
Service Tax xxxx
Grand Total xxxx
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Shyam Lal Naik

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Shyam Lal Naik (Expert)
04 August 2009 Recently tribunal has held that, outward transportation, being an activity in relation to business, service tax paid on freight charges for outward transportation is an input service eligible for Cenvat.

In case, it is found that, you can not transfer as above, you can take cenvat credit.

It is an alternative solution, not a direct answer to your query.
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Leena Priya

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Leena Priya (Querist)
07 August 2009 Thank you very much.
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