Cenvat credit of service tax paid under rcb

This query is : Resolved 

28 May 2015 Dear Sir,

WE are paying freight to transporters for four events.

1. For transporting inputs from our RM-vendors to our unit.

2. For transporting FG manufactured at our unit to our customer.

3. For transporting our inputs directly from our RM-vendor to our Jobworker for manufacturing one of our FG. (As per LR Consignor is Vendor and Consignee is Jobworker A/c Our Unit)

4. For sending FG manufactured at our Jobworker to our customer (Consignor is Jobworker A/c Our unit and Consignee is Customer)

In all the four cases we are paying service tax in respect of GTA service availed by us under reverse charge mechanism.

Question :
Of which of the events above can we claim cenvat credit of service tax paid under RCB and of which of the events cenvat of service tax is not allowed.

Request you to kindly provide us with relevant notifications.

Regards
Deepak Joglekar

28 May 2015 You can take the cenvat credit of all GTA paid by you. Only outward transportation not available if transportation changes are exclude from assessable value of the goods.

29 May 2015 Dear Mr. Singh

Thanks for your reply.

What i have understood is that cenvat of service tax paid on freight outward is available only if freight is included in the asseesable value of FG which is transported.

Can you provide me with related notification in this regard for my reference and record ?

Regarding scenario 2 of my query, i.e., where the inputs are deilvered by my vendor directly to my jobworker:
The transportor is raising his freight bill on our unit mentioning OUR unit address (i.e. the address for which I have obtained the ST regn) but supported within an LR which mentions only the jobworker's address as consignee.

Can I avail cenvat on ST paid on this freight as well ? A relevant notification in this regard will be very useful and helpful.

Regards
Deepak Joglekar


29 May 2015 For reference notification you should consult with any professional. You can take the cenvat credit second scenario also.



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