20 August 2013
We are partnership firm and engaged our trucks and dumpers in supply of sand to bunkers of Eastern Coalfields Limited and in local also. We are registered in service tax for service "GTA" and "Supply of Tangible Goods". We want to know that we are liable to pay service tax on above transport or not?
22 August 2013
1. If billing of the sand is inclusive of the transportation charges which normally are in the trade of supply of sand, then you are not liable to pay any service tax. 2. If you are paying the freight to the other transporter who issues the consignment note, you need to pay service tax under RCM 3. if you are taking trucks on hire from other operators and paying hire-charges/rent, service provider needs to charge service tax
disclaimer- all answers are given as per the facts narrated by you. Answer may differ after study of full facts/statements/agreements etc. involved in the case