Credit on GTA - Period to avail credit - Penalty for availing wrongly credit on GTA - Excise invoice

[Guest]

We have pay the service tax on GTA, we have mfg. unit. Still(01-01-2005)we have not take any credit on GTA, Now we want to take credit on GTA Which product ared dutiable. My Queries:- can we take credit on GTA which products are dutiable? yes/No any specified period to aviil the credit on GTA? Any penalty for availing a wrongly take a credit on GTA? Any obligation to avail the credit on GTA? Any specified invoice to pass one the credit? can we pass one the credit on the basis of cenvat credit preprinted Excise invoice which available in market? if No. Any specified invoice available? your valuable sugation is highly appreciated vijay chitte

[Surender Gupta]

Yes, you can avail the credit of service tax paid on the services of goods transpsort agency (including service tax paid in the capacity of consignee or consignor). There is no specific time limit to avail the cenvat credit. If you have availed the credit worngly, you are required to reverse the same alongwith interest, if any. Liability of penalty is not automatic, it depends on various factors but first step is Show Cause Notice must be issued by the department.

AI Summary

Cenvat credit on goods transport agency services remains available without a time limit, wrongful claims require reversal with interest. Credit for service tax on goods transport agency services is claimable by manufacturers, including where tax was paid as consignor or consignee. No specific time limit to avail cenvat credit is indicated. Wrongly availed credit must be reversed with interest. Penalty is not automatic and depends on facts; departmental action typically starts with a show cause notice. The response does not specify any prescribed invoice format for claiming the credit.