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service tax on gta

CA ABHISHEK (JOB) (82 Points)

20 October 2010

please advice whether service tax on gta service paid to consignor instead of gta is cenvatable when abatement of 75% is availed.

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3 Replies

Anand (Chartered Accountant) (166 Points)
Replied 21 October 2010

If you are availing abatment then you can't take cenvat credit.

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Madhukar N Hiregange (Chartered Accountant) (39034 Points)
Replied 21 October 2010

Anand is not right.

There is no relationship between the credit and the abatement. The ST paid on reverse charge maybe availed as credit.

As far as freight is concerned there is some dispute on outward frieght and the issue is presently before the Karnataka HC. My advice avail the credit and if you want tobe cautious then reverse the outward freigth credit under protest.

CA ABHISHEK (JOB) (82 Points)
Replied 21 October 2010

thanks...... but payment to gta is being done by consignor & consignor is raising freight bill to consignee, so can consignor be paid service tax at 75% abatement.