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Cenvat credit on excise paid on Furnace oil

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1. We can take cenvat credit on all services on which we have paid tax to the party, although we are manufacturing company of exciseable goods (taxable)and also we can setoff against the GTA the credit amount. 2. We can take Cenvat on excise paid by us on Furnace oil or not. We are using in DG for electricity.
Debate on Cenvat Credit: Eligibility of Furnace Oil for Electricity and Service Tax Offsets Discussed. A discussion on a forum addressed whether a manufacturing company can claim Cenvat credit on excise paid for furnace oil used in electricity generation. One participant clarified that Cenvat credit cannot be used for Service Tax on Goods Transport Agency (GTA) but confirmed furnace oil as an eligible input. Another participant mentioned that service tax credit can offset excise duty liability, not GTA liability. Further references were made to legal decisions supporting the use of Cenvat credit for service tax on GTA services. Participants shared varied perspectives on the applicability of Cenvat credit for furnace oil and related tax liabilities. (AI Summary)
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Surender Gupta on Sep 19, 2006
You can not avail Cenvat Credit for the purpose of payment of Service Tax on GTA. For further details, please refer to various issues discussed previously in the this section. Further, furnace oil is an eligible input.
Vijay Chitte on Sep 22, 2006
You can avail the service tax credit against dicharge your excise duty liability, not on your GTA liability. Vijay Chitte-Claris
Ganesh Shewale on Dec 5, 2013

WE ARE MANUFACTURER (SSI UNIT). CAN I TAKE EXCISE CREDIT OF FURNACE OIL (RE 100)

 

Regards,

Ganesh

ganeshs830 at the rate of gmail.com

Pravin Parmar on Sep 16, 2015

We can take Cenvat on excise paid by us on Furnace oil or not. We are using in Boiler.

Hikal Ltd on Sep 18, 2015

We can avail cenvat credit as FO will fall under consumables.

G GOSWAMI on Sep 19, 2015

It is observed from the decision of the CESTAT, Ahmedabad- 2015(8) TMI 1133 in the matter of Garden Silks Ltd. following the the decision of the Hon'ble Gujrat High Court-2014(12) TMI 876 in the matter of Panchmahal Steel Ltd., cenvat credit could be utilised for the payment of service tax on GTA service as per Rule 3 of the Cenvat Credit Rules,2004. This matter may also be taken into account.

Regards,

G.Goswami

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