01 February 2009
my client is a factory and has entered into agreement with some agencies to process goods and transport the finished goods to agency. the transportation charges for this both inward and outward are paid by factory but reimbursed by agency after completion. who is liable for service tax on gta whether factory or agency? supportive legal provision is appreciated
02 February 2009
Whoever is paying the freight is required to pay the service tax on freight. The service tax is incidental to the freight charges. Off course, the factory can take reimbursement of freight from the agency, including Service Tax paid.
02 February 2009
Sir, The agency is not agree to reimburese the service tax to factory.In agreement they have clearly stated that all sorts of taxes shall be borne by factory. further freight is shown as advance to agency by factory till reimbursement as it is not the transportation expenses of factory . kindly suggest in the matter with provision
CAclubindia
