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Issue ID : 3497
- 0 -

SERVICE TAX ON THC REIMBURSEMENT

Date 16 Oct 2011
Replies4 Answers
Views 4579 Views
Asked By

IN CASE OF EXPORT SALES , TERMINAL HANDLING CHARGES CHARGES WITH SERVICE TAX CHARGED BY THE MAIN SHIPPING LINER PAID BY THE AGENT  AND AGENT WILL CLAIM REIMBURSEMENT OF THE EXPENSES FROM THE EXPORTER.

WHETHER THE EXPORTER CAN CLAIM THE SERVICE TAX REFUND ON THE INVOICES SUBMITTED BY THE AGENT ?

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- 0
Replied on Oct 19, 2011
1.

IF YOU ARE NOT TAKING ANY CENVAT CREDIT SO YOU CAN CLAIM THE SERVICE TAX REFUND ON THE INVOICES SUBMITTED BY THE AGENT..

- 0
Replied on Oct 19, 2011
2.

CCE  Vs Subflag Iron & Steel (2010 (5) TMI 210 - CESTAT, MUMBAI)

 

- 0
Replied on Oct 20, 2011
3.

In the given case, Your agent should take the credit of the service tax charged by THC and agent should bill the exporter cost amount i.e. THC + commission with service tax.

 

Accordingly exporter can claim the refund of the service tax so charged.

- 0
Replied on Oct 22, 2011
4.

i don"t think y can claim the service tax paid to to shiping liner . the exporter is eligible for some duty concession and local tax concession as per the customs and local tax act. Service tax paid to them may be treated as cost to to exporter. tks 

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