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AI Drafter

Generate professional replies to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.

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The AI analyses your query, notice, order, or uploaded documents and identifies the key issues involved.

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Once you approve the issues, the AI performs issue-wise legal research and prepares a structured draft response.

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ST Cenvat Credit utilization

Guest

we are manufacturer and exporter and we are paying service tax on inward and outward freight amount, payment of Comission to foreign

in this regard please clarify the following points

1. can we take cenvat credit in excise returns on inward freight & BAS

2. If it is eligble as cenvat can we utilize this credit to payment of duty on finished products

pl.guide us any provisions in this regard

 

thanks

srinivas

Cenvat credit on inward freight and related services may be availed and used to meet excise duty liabilities. A manufacturer-exporter paying service tax on freight and related services may avail cenvat credit for inward freight used up to the place of removal under Rule 2(i) CCR, 2004; service tax shown on invoices for BAS and GTA (where paid by or on behalf of the manufacturer) is admissible as cenvat credit provided the unit is registered for central excise and service tax. Such cenvat credit may be utilized for payment of excise/cenvat duty on finished products but not to discharge separate service tax liabilities. (AI Summary)
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Vivek Harsh on May 18, 2012

inward freight used for services upto the place of removal shall be available.

Refer Rule 2 (i) of CCR, 2004

NEERAJ KUMAR, RANCHI on May 19, 2012

Dear Sir,

If you are a registered manufacturer and paying service tax on GTA and BAS, you must be registered under service tax also.

Any way if you are making payment of service tax to any other service provider and he is issuing bills to you indicating service tax , you can definitely take cenvat credit on those invoices.

But in respect of GTA it is not possible, in this case only you are liable to pay service tax and you can take cenvat credit of that also.

Although I have tried to answer your query as far as I could understand. However your question is not very clear to me. If your query not answered properly, come again writing your query more elaborately.

MAHESH BIYANI on May 21, 2012

credit of service tax gta can be taken

but can that be taken for service tax gta on inward and outward freight both

or only inward freight

 

also lots of transporters dont charge service tax on bills

so if the company has to bear gta from its pocket than whether the st gta paid can be clubbed ass freight or will that be provided for

 

SHASHIKANT WATEKAR on Jun 9, 2012

 definetly, u will take credit service tax on GTA & BAS & also utilised for payment of cenvat. not for service tax. but in this case pls. conform that your unit was registered with central excise & service tax (15 pan basis registration).

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