Just a moment...

Report
ReportReport
Welcome to TaxTMI

We're migrating from taxmanagementindia.com to taxtmi.com and wish to make this transition convenient for you. We welcome your feedback and suggestions. Please report any errors you encounter so we can address them promptly.

Bars
Logo TaxTMI
>
×

By creating an account you can:

Report an Error
Type of Error :
Please tell us about the error :
Min 15 characters0/2000
TMI Blog
Home /

Service Tax Paid our Outwards Freight

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ervice Tax Paid our Outwards Freight<br> Query (Issue) Started By: - Zala Jaydeep Dated:- 15-12-2010 Last Reply Date:- 15-12-2010 Service Tax<br>Got 3 Replies<br>Service Tax<br>As Paid Service Tax on Outward Freight then CENVAT Credit allowed or not. Reply By CA Rachit Agarwal: The Reply: Cenvat Credit is allowed only for input service and not output service. Carriange Outward is an output servic....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e. Hence in our opinion the credit is not allowed. Further since the place of removal is your factor/ godown/ depot, hence the freight paid for the movement of goods from the place of removal upto the destination is an output service. Reply By Mangesh Lokre: The Reply: As per CBE&C Circular No 97/8/2007-ST dated 23-08-2007, Cenvat Credit on freight will be admissible if the supply is on FOR b....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....asis where the sale takes place at the premises of the buyer and possession of goods does not pass on from manufacturer to buyer till goods reach the destination. You may rely on Tribunal decision in ABB Ltd vs Commissioner ( 2009(15)STR 23 (Tri-LB)) and High Court ruling in Coca Cola India Pvt Ltd vs. Commissioner [ 2009 (15) STR 657(Bom)] Reply By Brijesh Verma: The Reply: I agree with Mr. Lo....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....kre and strictly differ with Mr. Agarwal. Outward Transportation would never mean an OUTPUT Service for any manufacturer as he never provides the transport service. It basically depends on the type of contract as correctly mentioned by Mr. Lokre. If FOR Destination, then my opinion is clearly affirmative in this regard that CENVAT would be readily available in the present case.<br> Discussion Fo....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rum - Knowledge Sharing ....