28 August 2014
My party receive lorry hire charges from Indian Oil Corporation, Amount received is above 10 Lakh, 1. is my party is liable to service tax? 2. if yes, in which Sector this service to be shown.?
28 August 2014
From your query it seems your party is a Goods transport agency transporting goods . For Any charges received as lorry hire charges for transporting the goods, please note that the liability to pay Service Tax is on Consignor/ Consignee paying freight, if the same is a factory, registered excise dealer, body corporate, partnership firm or AOP [after availing the abatement of 75% available as per Entry No. 7 of Notification no. 26/2012-ST dated 20-06-2012]. In your case too the same shall apply.Service tax shall have been paid either by IOCl(Consignor ) or by the Consignee(Purchasing party)whoso ever pay the freight.
And if your party is a individual truck operator then no service tax liability under any head.