service tax credit eligible on commission on sales

[Asked by Guest]

Res. Sir,

we are manufacturer of excisable product. we are paying commission on sales , party has charged bill of commission in which he also charges service tax amount so in this base

can we eligible to take credit of service tax on commission on sales.

pls. provide any reference.

regards,

Manan Pandya

ahmedabad

AI Summary

Cenvat credit eligibility on commission agent services challenged after a higher-court ruling, affecting credit claims pending review.
Eligibility of CENVAT credit on commission paid to sales agents is contested: tribunal precedents allowed credit treating commission agent service as an input service, but a High Court decision held commission agent services ineligible for CENVAT credit. An appeal to a higher forum is pending, and factual classification between sales commission and sales promotion is material to any credit claim.