01 May 2012
dear Sir we are registered as Goods Transport By Road as service receiver liable to pay service tax & we are paying 25% of fregiht bill which not leived service tax.
we let to know that can we take credit of the service tax paid (i.e. 25 % of freight on which s.t. is applicable)
19 July 2024
If you are registered under the category of "Goods Transport By Road" and you are liable to pay service tax on the freight charges, you have specific conditions under which you can avail CENVAT credit. Here’s how it typically works:
### Conditions for Availing CENVAT Credit
1. **Service Tax Paid on Inputs and Input Services**: - As a service receiver, you can avail CENVAT credit on the service tax paid on inputs and input services. - Inputs in your context could include items directly used in providing your service, such as fuel, maintenance items, spare parts for vehicles, etc. - Input services could include services used in the provision of your service, such as repair and maintenance services, insurance services related to vehicles, etc.
2. **Utilization of Credit**: - To avail CENVAT credit, the tax paid must relate to services that are used as inputs or input services for providing your taxable output service, which in your case is transport of goods by road. - Even if you are not directly using the services to provide output services (i.e., transport services), you can still avail CENVAT credit if these services are used for business purposes and are integral to the operation of your business.
### Specifics Regarding Your Situation
- **Freight Charges**: If you are paying service tax on 25% of the freight charges, this constitutes an input service on which you can potentially claim CENVAT credit.
- **Utilization of Credit**: The credit can be utilized against the service tax liability on your output service (transport of goods by road). If there is any excess credit, it can be either refunded or carried forward as per the rules.
- **Documentation**: Ensure you have proper invoices or documents supporting the payment of service tax on the freight charges. These documents are crucial for claiming and substantiating CENVAT credit during audits or assessments.
### Conclusion
You can generally avail CENVAT credit on service tax paid on inputs and input services that are used in relation to providing your taxable output service (transport of goods by road). It's essential to maintain proper documentation and ensure compliance with the rules governing CENVAT credit. If you have any doubts or specific questions regarding the utilization of credit, consulting with a tax advisor or Chartered Accountant would be beneficial to ensure correct application and compliance with tax laws.
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