19 March 2009
We are in service sector under Survey Map Making,Technical Testing And Analysis,Consulting Engineer.During the course of rendering service we pay for transportation charges for carrying various machinery,equipment to sites from store and bring back them to store.My question is 1.Whether we are liable for payment of service tax on transportation even if transporter do not charge service tax? 2.Whether abatement 75% allow to us? 3.Can we take credit? 4.What about service tax on without consignment note?
19 March 2009
1. You are required to pay service tax, if, you fall under one of the seven catagory, specified for the purpose under Rule 2(1)(d)(iv) of Service Tax Rules, even if transporter do not show the service tax separately.
2. wef. 01.03.2008, 75% abetment is available without any condition attached to it. Abetment available.
3. Based on your query, it is an input service. Credit available. You have to discharge the liability on GTA by cash(Cenvat can not be utilised for payment for GTA). You can take credit on the basis of the tax paid challan.
21 March 2009
Thanks.But what about of payment thorough voucher without any invoice/consignment note more than Rs.1500/750.Whether we are liable for service tax?Any relief for transportation in three wheeler?
21 March 2009
It is how you account for these expenses in your books of accounts. If the same is accounted for under Transportation / Freight cost, then under the provisions there is also a clause which states any document issued by the GTA.
Do not seek any exemption under Rs.1500/ 750/- as this will only bring litigation to the table.
Post litigation the amount you intended to save, will only become payable twice plus lawyers fees.
21 March 2009
It is how you account for these expenses in your books of accounts. If the same is accounted for under Transportation / Freight cost, then under the provisions there is also a clause which states any document issued by the GTA.
Do not seek any exemption under Rs.1500/ 750/- as this will only bring litigation to the table.
Post litigation the amount you intended to save, will only become payable twice plus lawyers fees.
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