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Service tax, customs

gaurang (Executive) (27 Points)

30 December 2016

Hello Experts, I have two queries. 1. We have received service from Individual Truck Owner who is not registered under GTA in Service Tax. Hence, not charging service tax. Also, he is not issuing Consignement note which is suppose to be issued by GTA. Will i be liable to service tax under RCM (GTA)? 2. We have imported Capital Goods under EPCG Scheme. The same is now to be sent to one of our Jobbing Unit/Job Worker. Can we do so? If Yes, what is the procedure? Regards, Gaurang

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ARJUN SINGHAL (CA Finalyst) (66 Points)
Replied 30 December 2016

first thing for GTA if receipient is a organised sector than liable to pay service tax under reverse charge and receipient can not deny from his liability by ssaying that provider is not a registered GTA. The liability of service tax of provider and receipient are mutually independent hence receipient liable to pay Service Tax.

Organised sector means "In relation to taxable service provided by a goods transport agency, where the consignor or consignee of goods is,-

(a) any factory registered under or governed by the Factories Act, 1948 (63 of 1948);

(b) any company 6[formed or registered under] the Companies Act, 1956 (1 of 1956);

(d) any society registered under the Societies Registration Act, 1860 (21 of 1860) or under any law corresponding to that Act in force in any part of India;

(e) any co-operative society established by or under any law;

(f) any dealer of excisable goods, who is registered under the Central Excise Act, 1944 (1 of 1944) or the rules made thereunder or;

(g) any body corporate established, or a partnership firm registered, by or under any law, any person who pays or is liable to pay freight either himself or through his agent for the transportation of such goods by road in a goods carriage.