GTA-Service Tax exposure

This query is : Resolved 

02 October 2021 Dear Sir/Madam,

The person is registered under the Service tax; he rendered services to following people

1. GTA service to registered person.
2. GTA services to unregistered person.

However, under service tax he has not discharged any service tax liability and even not filed ST-3 returns also.

please give your valuable opinion on this, whether any liability is there on this person(individual)

Thank you in advance.

03 October 2021 No liability. RCM applicable on GTA services.

04 October 2021 Please confirm sir, even if GTA registered under Service Tax and gives GTA service to unregistered person also comes under the purview of exemption category or not.
Thank you in advance.


04 October 2021 It's confirmed even if GTA registered under GST and gives GTA service to unregistered person also comes under the purview of exemption category.



05 October 2021 sir can you please quote the exemption notification if it is available.

05 October 2021 GTA RCM applicable even if it's registered under GST.

05 October 2021 1. Sir, in service tax if GTA (registered) gives service to proprietor(unregistered) is this line of transaction brought under mega exemption ? here RCM does not work, or should receiver obtain ST registration and discharge ST under RCM?
2. since if GTA gives service to registered person comes under RCM but what about the above transaction?

Please let me know whether exemption can be claimed for point No.1? if yes please quote the exemption notification.

05 October 2021 See the link.
https://taxguru.in/service-tax/service-tax-goods-transport-agency-gta-guide.html


05 October 2021 still there is no clarity on point No.1 sir.

05 October 2021 We are proprietary firm and have received services from GTA and paid freight respectively. Since we are not covered in the above ‘specified category’, GTA should be liable pay service tax in this case.
Who should be liable to pay service tax if GTA is unregistered?

05 October 2021 In both the above cases service tax not payable.

05 October 2021 Thank you for your valuable opinion sir and much appreciated your service.


05 October 2021 You are welcome........



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