Service tax exemption on GTA Services

vinit baid (Service) (40 Points)

27 January 2009  

We are into retail business. We get our merchandise transported to our retail store through various carriers / Transportation agencies. (e.x. PAFEX / GATI etc.)

We pay service tax to government on transporters bill, who do not charge service tax in their bill (example Bill Amount Rs. 100/-, proportion on which we pay service tax = 25% of 100 = 25 Rs.  @ 12.36% = Rs.3.09), we pay 100 Rs. to transporter, over and above we pay 3.09 to government account under service tax.

We also pay service tax to transporters direclty, who charge service tax in their bill.

My Question? what is the implication of the notification issued with respect to exemption of service tax on some GTA services, copy of notification is as follows: 

Notification No. 1/2009 - Service Tax, dated 5-1-2009

In exercise of the powers conferred by sub-section (1) of section 93 of the Finance Act, 1994 (32 of 1994) (hereinafter referred to as the Finance Act), and in supercession of the notification of the Government of India in the Ministry of  Finance (Department of Revenue), No.29/2008- Service Tax, dated the 29thJune, 2008, published in the Gazette of India Extraordinary, vide G.S.R.482 (E), dated the 29th June, 2008, except as things done or omitted to be done before such supercession, the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby exempts the taxable services specified in sub-clauses (j), (k), (zr), (zza), (zzb), (zzzf), (zzzq) and (zzzzj) of clause (105) of section 65 of the Finance Act, provided by any person to a goods transport agency for use by the said goods transport agency to provide any service, referred to in sub-clause (zzp) of clause (105) of section 65 of the Finance Act, to a customer in relation to transport of goods by road, from the whole of the service tax leviable thereon under section 66 of the Finance Act subject to the condition that the invoice issued by such service provider, providing services should mention the name and address of the goods transport agency and also the name and date of the consignment note, by whatever name called, issued in his behalf.

Please reply.