Credit of gta after taking abatment

CA Dipak (achiever) (238 Points)

13 February 2012  

x co ltd. is manufacturer.he received input(raw material) on which freight is paid by x co. ltd. they take abtement 75% and paid tax on 25% taxable value.now after payment same as service tax they want to take its credit.can they do so.?

eg.

freight inward 100000*25%*10.3% : 2575 s.t paid (wiout utilising cenvat credit means in cash/bank)

now can 2575 credit be taken as input service for manufacturer.

plz let me know anybody do like this ,is there any case law or something?

same issue with freight outward bt place of removal is consignment agent premises.hence, its include in input service defenation.

plz guid me member