C.A. Final Student
54 Points
Joined February 2009
Service tax paid on freight inward (upto the place of removel) after abaitement in GTA adjust while, paying excise liability and/or service tax liability on output service.
The service provided by a Goods Transport Agent (GTA) for which the consignor or the consignee is made liable to pay service tax does not become an ‘output service’ for such consignor or the consignee. Therefore, the service tax payable by the consignor or consignee on transportation of goods by road cannot be paid through credit accumulated by such consignor or consignee. For example, a manufacturer of steel sheets procures duty paid steel ingots as input and avails CENVAT credit of the excise duty paid on ingots. He clears his finished goods i.e., steel sheets on payment of excise duty and sends the same to the customer, engaging the service of a goods transport agency. In this case, he pays service tax on service received by him for transportation of the goods. However, the input credit taken on steel ingots cannot be used for payment of service tax applicable to goods transport agency. The reason is that the such manufacturer (consignor) is not the service provider. The transport service is being provided by the ‘goods transport agency’ and the excise assessee pays the service tax only for the reason that the liability for payment of service tax has been shifted to the service receiver. Accordingly, the consignor or the consignee has to pay service tax in cash on goods transport by road service. “(These word from Honourable Supreme Court in caseof M/S Sandur Mico CIrcuits VS Commi. of central excise