Yogesh Uttekar (Accountant) (140 Points)
02 August 2008As per new notification Service Tax Exempted up to 75% on GTA and we have to pay just 25%
Can we get input credit of 25% service tax paid GTA?
Ram Avtar Singh
(Nagari Sultanpur U.P.Delhi)
(14497 Points)
Replied 02 August 2008
| Originally posted by :Yogesh Uttekar | ||
| " | As per new notification Service Tax Exempted up to 75% on GTA and we have to pay just 25% Can we get input credit of 25% service tax paid GTA? |
" |
yes you can get it
OFFICESELVA
(Service)
(515 Points)
Replied 02 August 2008
75% abatement is available even earlier. However, from 01/03/2008 Credit is not available.
CA O.P. SINGH
(O P Singh & Co.)
(426 Points)
Replied 02 August 2008
yes you can take credit of 25% which you have paid...
OFFICESELVA
(Service)
(515 Points)
Replied 02 August 2008
11. AMENDMENTS IN CENVAT CREDIT RULES, 2004:
11.1 Service tax payable on GTA service shall be only on 25% of the gross
amount charged as freight. GTA service providers shall not be allowed to avail
input credit under Cenvat Credit Scheme. Rule 2(p) is being amended so as to
exclude goods transport agency service from the scope of “output service”.
Sanjay Dwivedi
(Advocate & Consultant)
(143 Points)
Replied 03 August 2008
In short, you have to pay tax on 25% of the gross amount. In case of 'inward transportation' you would be entitled to Cenvat Credit of the tax paid. In case of 'outward transportation', there has been a dispute.
Prior to March 2008, the definition of 'input service' included services used in relation to clearance 'from the place of removal'. It was claimed by the trade that this covers outward transportation. The government has changed the words to 'upto the place of removal'. Therefore, the earlier argument does not remain available.
However, one venue still open to argument is that the definition of 'input service' includes services used in relation to activities relating to business. It is to be seen what view finally prevails in Tribunals and courts. If they consider the outward transportation to be an activity relating to business, the credit could be allowed.
CAclubindia
