Service tax

Dear All,

We are a manufacturing unit. On GTA, Freight outward Service We made service tax 12.36% on total amount, not avail notn no. 26/2012 i.e 25% abatement

. I mean suppose the GTA Bill amount Rs. 1000/- We made payment service tax 12.36% on 1000/-. i.e Rs 123.60, as it is Freight outward we did not take credit also after making payment under reverse mechanism system.

My question:- 1) On Freight outward whether we can avail service tax ceredit. under reverse mechanism system.

2) In above mentioned problem the mistake that we did ,that is extra amount which we paid in the month April-13 to June-13 , whether we can get refund the amount, or we adjust in the current month in our own.

Thnx

A.Mukherjee

Ans-1 You can claim the credit of ST paid under Reverse chg ...Under Rule 9(1)(e) of Cenvat Credit Rules,2004 , service receiver can claim the credit of service tax paid under reverse charge if the services so received can be termed as input services as per Rule 2(i) of Cenvat Credit Rules.under Rule 9(1)(e) of Cenvat Credit Rules,2004 , service receiver can claim the credit of service tax paid under reverse charge if the services so received can be termed as input services as per Rule 2(i) of Cenvat Credit Rules.

Ans-2 The credit under Rule 9 of CCR,2004 can be taken in subsequent period if the same couldnot be taken earlier for any reason.....so in the above example u can take the missed credit in next qtr i.e July to Sept,2013....:hope its clear.....-):-)

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Amitabha Mukherjee

Saurabh Maheshwari

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