Service Tax - GTA- Certain further clarification in respect to clarification issued vide Circular No. 5/1//2007-ST, dated 12.03.2007 regarding exemption under notification No. 32/2004-ST dated 03.12.2004-reg
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Abatement eligibility for reverse-charge payers: past taxpayers may claim benefit on production of GTA non availment declaration. Persons who pay service tax under the reverse charge mechanism may claim the 75% abatement only if they satisfy non availment of CENVAT credit and non availment of benefit of notification No. 12/2003 ST; a declaration from the GTA affirming non availment of credit or notification benefit on the consignment note suffices, and for periods before such endorsements were common a general declaration from the GTA may be accepted retrospectively to decide pending cases.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Abatement eligibility for reverse-charge payers: past taxpayers may claim benefit on production of GTA non availment declaration.
Persons who pay service tax under the reverse charge mechanism may claim the 75% abatement only if they satisfy non availment of CENVAT credit and non availment of benefit of notification No. 12/2003 ST; a declaration from the GTA affirming non availment of credit or notification benefit on the consignment note suffices, and for periods before such endorsements were common a general declaration from the GTA may be accepted retrospectively to decide pending cases.
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