Manager ( Taxation )
877 Points
Posted on 20 June 2009
Dear Sir
As per the clarification by depptt in regard of GTA services is that in case of GTA services, laiblity for the payment of service tax is on the service receiver, so you have to pay service tax.
And if you go thru the rule 3(4) of cenvat credit rule -: i.e.
CENAVT CREDIT CAN BE UTILISED IN THE FOLLOWING PAYMENT
(d) service tax on PAYABLE any OUTPUT SERVICES.
So if you combined the ABOVE both explanation then you observed that GTA services is actually the OUTPUT SERVICES for transport agency and INPUT SERVICES for the company .............And at the same time, laiblity for the payment of service tax on GTA is also on the company (Service receiver)
So you CAN'T adjust the CENVAT CREDIT against the payment of GTA service tax.
Hope now you are clear