Service tax credit for 100% eou

2544 views 3 replies

 

A Query:

A Company is a 100% EOU exporting Granites Slabs. It purchases Raw Materials within State and from out of State also. It pays Transportation charges on block Received. It also pays Service Tax on that GTA  service on reverse Charge mechanism but only 25% (75% is abatement) and also claims CENVAT Credit on that. It also pays Freight Charges on finished goods moved from Factory to Port for Export.

Now my queries are:

1.  Can that 100% EOU Company claim CENVAT Credit on Service Tax paid on GTA service even though it is availing 75% abatement? (When abatement is availed, CENVAT credit cannot be claimed. Correct me if I m wrong.)

Or,

Is there any provision for availing this CENVAT Credit?

2.  Can that Company Claim refund for this CENVAT Credit or can it only set-off only against duty payable within DTA Sales (Sometime it sells Scraps in DTA )?

3.  Is the company liable to pay Service Tax on Freight Outwards on finished Goods moved from Factory to Port for Export? If it is exempt, please provide related notification.

 

Please suggest with relevant case laws or notifications/circulars.

Replies (3)

1. Yes co. can claim service tax credit on service tax paid even if it is through reverse charge mechanism.

2. Can claim refund also.

3. will revert.

thanks sachin.

But If abatement is claimed, CENVAT credit cannot be claimed. correct?

Originally posted by : bj shrestha

thanks sachin.

But If abatement is claimed, CENVAT credit cannot be claimed. correct?


yes. you cannot claim cenvat credit if you are availed abatement

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
09 June 2026
Accounts Associate

S Madan and CO

New Delhi

Graduate (Any)

View Details
Company
24 June 2026
Chartered Accountant

CA Darshita Shah & Co

Nadiad

CA

View Details
Company
12 June 2026
Accounts & Taxation Executive

Winshine Financial Services

Mumbai

CA Inter

View Details
Company
25 June 2026
AUDIT MANAGER

JDAS & ASSOCIATES

New Delhi

CA

View Details
Company
ARTICLESHIP 18 June 2026
Article Assistance

RB KESHRI & CO.

Mumbai

CA Inter

View Details
Company
22 June 2026
Accountant

Global Image Technologies Private Limited

New Delhi

MBA

View Details
Company
04 June 2026
Semi Qualified CA

Goyal Puneet & Associates

New Delhi

CA Final

View Details
Company
ARTICLESHIP 27 June 2026
Article

SNCO

Mumbai

CA Inter

View Details