Cenvat credit On Railway receipt

[yateen vyas]

Sir,

As per new changes in service tax.service tax now chargeable on Railway freight and Railway charge Service tax on Railwar receipt.So my question is how one can take cenvat credit on basis of RR because if gone through Rule 9 (1) Document for taking cenvat credit we can not find any clause for RR.

Please provide your view and if there any new information for taking credit for same.

[YAGAY andSUN]

You can avail the CENVAT credit on the RR.

[yateen vyas]

Sir,

Please tell me under which rule we can avail credit, I am taking about document on which we can take credit as per Rule 9 (1) of CCR, 2004, there is no as such document prescribed,we have to make service tax payment on RR. Although RR is govt. approved document but Deptt. may raise a question on the basis of Rule 9 (1).

Rgds

Yateen vyas

[YAGAY andSUN]

RR will be deemed as bill/invoice raised by the Railway and is valid for availment of CENVAT credit.

[YAGAY andSUN]

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY,

PART II, SECTION 3, SUB-SECTION (i)]

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

Notification No. 26/2014 – Central Excise (N.T.)

New Delhi, the 27th August, 2014

5, Bhadrapada, Saka, 1936

G.S.R. (E). – In exercise of the powers conferred by section 37 of the Central Excise Act, 1944 (1 of 1944) and section 94 of the Finance Act, 1994 (32 of 1994), the Central Government hereby makes the following rules further to amend the CENVAT Credit Rules, 2004, namely : –

1. (1) These rules may be called the CENVAT Credit (Eighth Amendment) Rules, 2014.

(2) They shall come into force from the date of their publication in the Official Gazette.

2. In the CENVAT Credit Rules, 2004, in rule 9, in sub-rule (1), after clause (f), the following clause shall be inserted, namely:-

“(fa) a Service Tax Certificate for Transportation of goods by Rail (herein after referred to as STTG Certificate) issued by the Indian Railways, along with the photocopies of the railway receipts mentioned in the STTG certificate; or”

[F. No. 267/87/2013-CX.8]

(Pankaj Jain)

Under Secretary to the Government of India

Note.- The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 10th September, 2004, vide Notification No. 23/2004 – Central Excise (N.T.) dated the 10th September, 2004, vide number G.S.R. 600(E), dated the 10th September, 2004 and last amended vide Notification No. 25/2014 - Central Excise (N.T.) dated the 25th August, 2014 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 615 (E), dated the 25th August, 2014.

[shyam prasad mahanta]

Dear Yateen,

After insertion of clause (fa) in rule 9 (1) of Cenvat Credit Rules 2004, availment of Cenvat credit on RR issued by Railways may be objected by Excise dept:.

As per notification no 26/2014 CE (NT) dt: 27th Aug'14, service tax certificate issued by CCM and countersigned by Dy CAO or any Competent authority of Railways eligible to issue such certificate. The certificate to be accompanied by photocopies of relevant RR's mentioned therein.Photocopies of RR's need to be self attested by the assessee availing Cenvat Credit by authorised signatory.

Hope the issue is

AI Summary

Debate on Validity of Railway Receipts for CENVAT Credit Under Rule 9(1) of CENVAT Credit Rules, 2004 A discussion on a forum addresses the issue of claiming CENVAT credit based on Railway Receipts (RR) after service tax became chargeable on railway freight. One participant questions the validity of using RR for CENVAT credit under Rule 9(1) of the CENVAT Credit Rules, 2004. Another participant clarifies that RR can be considered a valid document for CENVAT credit as it is deemed a bill or invoice by the Railways. A subsequent amendment to the rules, effective from August 27, 2014, specifies that a Service Tax Certificate for Transportation of goods by Rail, along with RR photocopies, is required for credit.