Advocate & Consultant
143 Points
Joined March 2007
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.