Service Tax paid on Ocean Freight for pre GST period, now can take input tax credit or apply refund?
Query (Issue) Started By: – Dinesh Ghatkar Dated:- 31-7-2018 Last Reply Date:- 8-10-2018 Service Tax
Got 7 Replies
Service Tax
Dear Sir\/madam,
\nWe have paid Service Tax on Ocean Freight for pre-gst period after audit finding (EA-2000),
\nbut now in GST regime we can not take ITC of same, so we have applied for refund, but deptt refuse the application, on basis of we have paid Service tax of finding of Audit not willingly. hence we can not take credit not refund.
\nPlease suggest any solution.
\nThanks,
\nDinesh
\nReply By KASTURI SETHI:
\nThe Reply:
\nYou must fight legally. You will get relief through Appellate channel.
\nReply By Dine<\/p>\n
= = = = = = = =<\/p>\n
Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n \nI am also of the view that refiund should be given. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n","protected":false},"excerpt":{"rendered":" Service Tax paid on Ocean Freight for pre GST period, now can take input tax credit or apply refund? Query (Issue) Started By: – Dinesh Ghatkar Dated:- 31-7-2018 Last Reply Date:- 8-10-2018 Service TaxGot 7 RepliesService TaxDear Sir\/madam, We have paid Service Tax on Ocean Freight for pre-gst period after audit finding (EA-2000), but now … Continue reading “Service Tax paid on Ocean Freight for pre GST period, now can take input tax credit or apply refund?”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-12931","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/posts\/12931","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=12931"}],"version-history":[{"count":0,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/posts\/12931\/revisions"}],"wp:attachment":[{"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=12931"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=12931"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=12931"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
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\nReply By DR.MARIAPPAN GOVINDARAJAN:
\nThe Reply:
\nSection 142(8)(b) of CGST Act, 2017 provides that where in pursuance of an assessment or adjudication proceedings instituted, whether before, on or after the appointed day, under the existing law, any amount of tax, interest, fine or penalty becomes refundable to the taxable person, the same shall be refunded to him in cash under the said law, notwithstanding anything to the contrary contained in the said law other than the provisions of sub-section (2) of section 11B of the Central Excise Act, 1944 (1 of 1944.) and the amount rejected, if any, shall not be admissible as input tax credit under this Act.
\nYou can claim refund if it is refund<\/p>\n
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