28 January 2010
we are C&F Agent of petroleum company.we receive commission from petroleum company as well as transport expenses @6 per km.we also hire other transporters(ahoc trnsport) to carry goods of petroleum company. My Query is that whether we have to pay service tax at the time of raising the bill(commission bill) to petroleum company or at the time of receiving pyt from petro.company. i also want to know whether we have to pay service tax in case of adhoc transportation(hiring other transporters)or whether transporters have to pay service tax.
28 January 2010
Service tax is on realisation basis - you can charge the service tax in the invoice, service tax can be paid after realisation of the invoice
29 January 2010
Truck owners or trasport operators (GTO) are not liable under the GTA head as the GTA is only a booking agent. In my view neither you nor the transporters need to pay unless they are GTAs.