27 March 2013
If i am a company receiving GTA services from another company. will i be liable to pay service tax under reverse charge mechanism? {is GTA SERVICES (PROVIDED BY A COMPANY) COVERED UNDER REVERSE CHARGE MECHANISM ?}
"(ii) provided or agreed to be provided by a goods transport agency in respect of transportation of goods by road, where the person liable to pay freight is,—
(a) any factory registered under or governed by the Factories Act, 1948 (63 of 1948);
(b) any society registered under the Societies Registration Act, 1860 (21 of 1860) or under any other law for the time being in force in any part of India;
(c) any co-operative society established by or under any law;
(d) any dealer of excisable goods, who is registered under the Central Excise Act, 1944 (1 of 1944) or the rules made thereunder;
(e) any body corporate established, by or under any law; or
(f) any partnership firm whether registered or not under any law including association of persons"
But notification does not specify service provider. it is given regarding service receiver. or should we assume that notification is silent on service provider and it is assumed that all catagories of service provider will be covered.
27 March 2013
but what about service provider? i have one case where company(recepient co.) is not paying service tax under RCM saying the service provider is a company (corporate) since it is not applicable.
27 March 2013
In case of GTA service, if the person paying freight is the specified person(i.e. consignor or consignee), then reverse charge shall apply. It is not alwayz the consigner who pays the freight but, sometimes the consignee is also liable to pay teh freight(as agreed between parties), then in that case, if the consignee is not amongst the specified persons, then RCM shall noe apply.
27 March 2013
Thanks Sumit, I know that the consignor or consignee whoever bears the freight cost will be liable to pay service tax under RCM. My doubt is when the service provider is a body corporate whether RCM will apply. And the body corporate need not charege ST in its bill.
27 March 2013
Let me give u an example, suppose XYZ Pvt Ltd Company hires a GTA(Company/non-company) for supplying goods to Mr. A(individual), and the agreement is executed in such a way that the freight is payable by Mr. A directly to GTA, so in this case, no RCM shall apply, even though consignor was a companny but the person liable to pay freight was an individual(i.e. none of the specified person)
As per example given by you, It means we are XYZ Pvt Ltd. and we hires GTA which is a company ( for e.g. DHL)and the frieght charges bare by us then in such case we have to pay ST under RCM.
If every time XYZ ltd bares the Freight cost then they have to pay ST under RCM. But in my case GTA is charging ST in their bill and XYZ ltd is paying the same to GTA. we want to suggest XYZ that, insted of paying ST to GTA pay it under RCM directly. so what should we consider before suggesting to XYZ ltd ?
If every time XYZ ltd bares the Freight cost then they have to pay ST under RCM. But in my case GTA is charging ST in their bill and XYZ ltd is paying the same to GTA. we want to suggest XYZ that, insted of paying ST to GTA pay it under RCM directly. so what should we consider before suggesting to XYZ ltd ?
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