Service Tax paid on Ocean Freight for pre GST period, now can take input tax credit or apply refund?

[Dinesh Ghatkar]

Dear Sir/madam,

We have paid Service Tax on Ocean Freight for pre-gst period after audit finding (EA-2000),

but now in GST regime we can not take ITC of same, so we have applied for refund, but deptt refuse the application, on basis of we have paid Service tax of finding of Audit not willingly. hence we can not take credit not refund.

Please suggest any solution.

Thanks,

Dinesh

AI Summary

Debate on Refund Eligibility for Service Tax on Ocean Freight Pre-GST Cites Section 142 of CGST Act. Legal Action Suggested. A discussion forum addresses the issue of claiming a refund or input tax credit for Service Tax paid on Ocean Freight during the pre-GST period. The original poster, who paid the tax after an audit, was denied a refund by the department, citing non-voluntary payment. Responses suggest pursuing legal channels, referencing Section 142 of the CGST Act, which outlines conditions for tax recovery and refund. Some participants argue for the possibility of a refund under specific provisions, while others share similar challenges with excess tax and cess payments. The consensus leans towards legal action for resolution.