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GTA Liability ?


17 May 2009 Dear All,

Please guide me for the following query :-

"A" is a manufacturer of goods and supplies to "B" who is a customer through "C" - an agent. The Invoice raised directly by A on B.
Howver, the freight is being paid by the C (Agent)- out of his commission, and he books the freight as expenses in his books of accounts .

"A"(consignor) & "B"(consignee) are not paying freight to the transporter.
"C" who pays the freight is neither a consignor nor consignee ? In such a case, who is liable to pay Service TAx ?


18 May 2009 Even the agent of consignor/consignee are covered for levy of service tax, therefore C will be liable to pay the service tax

20 May 2009
Thanks Annapurna,

Can u guide me the rule / precedure under which "c" agent, who is paying Frieght out of his commission,is liable for servie tax ?

Regards

Suren


28 May 2009 Rule 2(1)(d)(v)of Service Tax Rules, 1994

29 May 2009 The said rule 2(1)(d)(v)of Service Tax Rules, 1994 is applicable only those who pay freight charges, as consignor or consignee.
But in my situation the freight is being paid niether as consinor nor as consignee. The commission agent (Registered Partnership), who get sales commission, is paying freigh out of his commission as explained above.

IN SUCH CIRCUMTANCES, IS THERE ANY LIABILITY OF SERVICE TAX ARISES ?

14 February 2010 The said rule 2(1)(d)(v)of Service Tax Rules, 1994 is applicable only those who pay freight charges, as consignor or consignee.
But in my situation the freight is being paid niether as consinor nor as consignee. The commission agent (Registered Partnership), who get sales commission, is paying freigh out of his commission as explained above.

IN SUCH CIRCUMTANCES, IS THERE ANY LIABILITY OF SERVICE TAX ARISES ?



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