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Gta experts plz reply soon

sumeet (Audit assitant) (37 Points)

04 August 2011

hey everyone, replay with your best answer.

we are having an agro based partnership firm, we are manufacturor of sesame seeds.so question is..

the road transportation which is paid by the us..so is service tax to b paid or not as service tax on GTA..the tronsportor's bill doesnot shows any PAN or service tax registration no..so do we have to pay service tax as GTA????

and is agri based firm liable to pay servicetax on GTA or is he exempted..????

Also wanna add on that what if we jus pay on behalf of buyer which is afterwards remibused by us??and also help me with T.D.S consequences.???

plz replay with your genuine base and source..awaiting for prompt replay..

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7 Replies

U S Sharma (glidor@gmail.com) (21056 Points)
Replied 05 August 2011

1) service Tax is to be paid by yourself directly to department by obtaining registration as "GTA service Receipent" ,

2) regarding TDS you have to deduct TDS / ask the transporter if they provide PAN copy, then no TDS

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sumeet (Audit assitant) (37 Points)
Replied 05 August 2011

thanx U.S.Sharma..dont you think that agri. products are exempted??and whatif the service provider is not registered service provider..?and wat are the ways to avoid this service tax for current year i.e 2010-11?

still want more clarification ..!!anyone?? also send me the source plz ..!!

U S Sharma (glidor@gmail.com) (21056 Points)
Replied 05 August 2011

there is no such exemption for agri products in service tax.

Service tax liability remains on service receipent, not on provider in this case, so service tax regn of provider is irrelevent,

U S Sharma (glidor@gmail.com) (21056 Points)
Replied 05 August 2011

fruits/vegetables/ eggs /milk is exempted under GTA( at provider end only)

sumeet (Audit assitant) (37 Points)
Replied 08 August 2011

thnx usha sharma..last question if i dont pay service tax from this year..n start paying from next year i.e A.y-2012-13..so if i get into scrutiny then only i would be get into problem otherwise it wont be any legal problem?and when i would take service tax regsn fr Gta then would they ask for any such details dat why you were not registered till now?

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U S Sharma (glidor@gmail.com) (21056 Points)
Replied 09 August 2011

get registered and start paying from current period.

for arrears let the department fix audit for your company, and when audit will raise demand, you would have to pay by that time only against audit demand note.