In the case of services provided for the transport of goods by road in a goods carriage, service tax is required
to be paid by certain categories of persons who pay the freight instead of the service provider namely Goods
Transport Agency. The actual amount of service tax payable is 25% of the amount of freight i.e. 75% of the
amount of freight is provided as abatement, subject to the condition that no Cenvat credit of the duty paid has
been availed of under Cenvat Credit Scheme. It has been represented that fulfillment of the condition of nonavailment of Cenvat credit by the service provider is, at times, difficult to prove, when the service tax is required
to be paid not by the service provider but by the consignor or consignee who pays the freight. Taking into
account the special nature of the goods transport agency (GTA) service, it is being exempted from the payment
of service tax unconditionally to the extent of 75% of the freight. In other words, service tax is required to be
paid only on 25% of the freight irrespective of who pays the service tax. Simultaneously, the benefit of Cenvat
credit has been withdrawn to GTA service under Cenvat Credit scheme by deleting the said service from the
scope of output service in the CENVAT Credit Rules, 2004. Henceforth, the person who is required to pay
service tax under reverse charge method on GTA service can pay service tax on 25% of the freight
unconditionally. Recipient of GTA service paying service tax under reverse charge method is no more required to
prove non availment of CENVAT credit by the GTA service provider.