Service tax on gta charged in supplier's bill

This query is : Resolved

Prosenjit Banerjee (Querist)
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01 August 2013 Sir
Our company has service tax registration for GTA and we regularly deposit the service tax in cash in every month and take credit on input service.But one of our supplier charged service tax on 25% of freight in their bill i.e. material value is Rs.100 + Excise+ Cess + VAT/CST = Rs.118/- after that they charged Rs.50/- as freight and charged service tax and cess on 25% of freight amount(the supplier arrange the transporter on our behalf and c/n issues in the name of our company and the supplier pays the amount to the transporter after reimbursing from us and also deposit the s.tax to govt.treasury collected from us). Accordingly we pay the full bill amount including s.tax on freight.
Now my question is are eligible take credit on the basis service tax paid as per supplier's bill? Please mention the section.

My second question is we have paid service tax due for earlier year with interest on 26.07.13 now if we submit the form under Service Tax Voluntary Compliance Encouragement Rules, 2013 then can we claim the interest amount as refund?

Deepak Birla

Deepak Birla (Expert)
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03 August 2013 Supplier can not charge service tax on transportation charges as he is not GTA.

Further Services by way of transportation of goods by road except the services of GTA are very well covered in Negative liast.