CA ABHISHEK (JOB) (82 Points)
13 November 2010Please provide necessary suggestion on below mentioned topic:
GTA has provided service on behalf of consignor & consignor is liable to pay freight to GTA & service tax to Govt.
1.We as a consignee can consignor claim amount of service tax paid along with freight from us?
2. If yes, can we take cenvat for the same?
Madhukar N Hiregange
(Chartered Accountant)
(39034 Points)
Replied 13 November 2010
The agent ideally should not pay the ST even if he pays the freight. He should debit only the freight and the consignor inthis case would pay the ST and avail the credit.
In case the consignee pays the ST though on behalf of consignor who can validate that he has not availed the credit.
CA ABHISHEK
(JOB)
(82 Points)
Replied 20 November 2010
Thank u sir for your valuable suggestion but i want to clarify some few more points:
1. GTA is not paying service tax but Consignor is paying it.
2. Consignor is claiming service tax from us along with freight.
So, now what will be done?
sachin kakkar
(CA)
(188 Points)
Replied 24 November 2010
no abhishek you cannot claim input credit in any case... only the consigner can book input credit
Vinay Raja
(student-IPCC)
(704 Points)
Replied 30 November 2010
| Originally posted by : sachin kakkar | ||
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no abhishek you cannot claim input credit in any case... only the consigner can book input credit |
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agreed
CAclubindia
