Service tax under gta

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Vaibhav (Querist)
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05 January 2016 Dear Experts,

We are in to clearing and forwarding business and transportation is the part of the same.
we generally procure transportation direct from the transporter and bill to our customer with some margin.
please suggest do we have to pay service tax as we are procuring the service direct from transporter or can we passed on the liability to the end user i;e the customer.

Thanks in advance.

praveen

praveen (Expert)
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05 January 2016 You cannot pass on the liability to the customer. Reason being the bill from the transporter will be on your name and even the payment will be made to you. Hence you will be liable.

Vaibhav

Vaibhav (Querist)
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05 January 2016 Thanks,,,.

Please suggest in case we had GTA registration, can we pay the service tax and claim cenvat for the same.
also in the same scenario if we don't have GTA registration can we pay and claim Cenvat.

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praveen

praveen (Expert)
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05 January 2016 You can claim cenvat credit since its input service for u. U need to have gta registration

Vaibhav

Vaibhav (Querist)
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05 January 2016 Weather we have to provide separate invoice for the transportation or can we include transportation charges in our forwarding bill and mentioned the clause i.e Service tax payable by Consignor/Consignee.