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Jayesh Deokar (Advocate)     25 October 2012

Excise duty on outward freight / transit insurance

Dear All,

 

Please clarify (with reference to relevant provisions & case laws) whether outward freight & Transit insurance are chargeable to excise duty.

We are manufacturers with only one factory unit. Sometimes we pay freight charges & transit insurance on behalf of our client, though they are in our client's scope; and subsequently we raise a debit note on our client for the actual amount of freight / transit insurance borne by us on their behalf. The freight/ insuarance charges do not appear anywhere in our sales invoice. 

In the above circumstances, will the excise duty be leviable on freight/ transit insurance?  

 

Please have your say. Thanking  you in advance.

Jayesh Deokar



Learning

 3 Replies

Pkadian, Advocate (Advocate)     27 October 2012

it depends on the point of sale i.e. when the ownership of goods transfer. if your PO says it is customer factory gate then you can claim credit of service tax paid on transpotor bills becuase then it will be considered input services. sale point is your factory gate then ans. is NO. Similar is the case with Insurance.

Sanjay Kumar (Advocate)     30 October 2012

I agree with pkdian. It is the value at point of sale of removal of goods manufactured attracts excise duty. If your invoice is not showing any amount on account of freight and Insurance, then it is basically re-imbursement from your client. It is not sale on delivery basis. It is basically ex-works transaction. It depends on the nature of agreement you agreed upon with your client. In my view,now so far, GTA Service is concerned, who is receipient of service. If you are receipient, then it will attract service tax. If you are only paying on behalf of client and the freignt and insurance bills raised in favour of your client, then GTA service tax liability will be on your client.

sanjay

Jayesh Deokar (Advocate)     12 November 2012

Dear Mr. Pkadian and Mr. Sanjay Kumar,

 

Thank you so much for sharing your valuable views.

 

I wish both of you a very happy diwali.


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