9911796707
TMI BlogInsurance charges in invoice.X X X X Extracts X X X X X X X X Extracts X X X X ..... Insurance charges in invoice. X X X X Extracts X X X X X X X X Extracts X X X X ..... Duty 12.5% ₹ 12500.00 Insurance 0.08% ₹ 90.00 VAT % ₹ 5630.00 Please confirm Whether we have to pay excise duty on Insurance charged in invoice of ₹ 90/-as we have taken Cenvat credit on service tax on premium paid against insurance policy for risk cover for transit up to the consignee godown. our excise officer is saying that either you reverse service tax credit cre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dit or you have to pay excise/service tax on insurance charged in invoice.Please give your expert opinion & give reference of case law. Thanks with regards SHIVKUMAR SHARMA Reply By Himansu Sha: The Reply: Please follow the Hon,blue Apex court decision in the case of Accurate meter. You need not add the insurance value in the transaction value as the consignments are handed over to the drivers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the place of removal is the factory gate. The place of delivery has no bearing on the place of removal. Since the place of removal is the factory gate, please reverse the credit. Rule 2(l) of CCR does not support this aspect. Reply By Ramaswamy S: The Reply: The sale is at the factory gate and hence no excise duty is payable on insurance charges. The place of removal is the factory gate an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d not the godown of the consignee. Hence, the insurance charges paid on the outward transportation do not qualify as an input service. Therefore, the credit availed is not in order and hence needs to be reversed. Regards S.Ramaswamy Reply By KASTURI SETHI: The Reply: Dear Querist, I support the views of both experts. Your sale is complete at the factory gate and not at the buyer's doors ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tep. Here is the judgement of Supreme Court:- 2015 (324) E.L.T. 670 (S.C.) = 2015 (10) TMI 613 - SUPREME COURT COMMISSIONER OF CUS. & C. EX., NAGPUR Versus ISPAT INDUSTRIES LTD. Reply By Himansu Sha: The Reply: Thank you kasturi sir Reply By YAGAY AND SUN: The Reply: However VAT/CST shall be payable. Please check the definition of sale and sale price in your state specific VAT Laws. Reply By ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ganeshan Kalyani:
The Reply:
Vat /CST is applicable on sale price. If insurance forms part of sale price then both the aforesaid tax shall become payable on insurance part.
Reply By Ganeshan Kalyani:
The Reply:
For excise applicability i agree with the views of experts. Thanks. X X X X Extracts X X X X X X X X Extracts X X X X
|
