One of my client companies say M/s. X is a Paper (News Print in Reels) Manufacturing Company. The company receives raw material (old / waste news paper) from its creditors.
Sidhardh (Sr. Manager - Accounts) (178 Points)
06 January 2012
One of my client companies say M/s. X is a Paper (News Print in Reels) Manufacturing Company. The company receives raw material (old / waste news paper) from its creditors.
CA Prabhat Gupta
(Manager (Indirect Taxes))
(821 Points)
Replied 06 January 2012
Please refer to Rule 2(1)(d)(v) of Service Tax Rules, 1994. Liability to pay Service Tax has been fixed upon 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. As your client is a Company manufacturing of Excisable goods, it will be covered by Rule 2(1)(d)(v)(b). What matters is the status of Service Recepient, not the service provider. Rule here does not specify the status of service provider. It only specifies that person who pays or is liable to pay freight will be liable to pay service tax.
Hence, the manner in which payment is made and the status of the service provider does not make any difference as far as this rule is concerned. Your client will be liable to pay Service Tax in Both cases above.
Your client can ofcourse claim CENVAT Credit of Service Tax so paid on Freight inwards and, in case of freight outwards, only upto the place of removal, if it is different from the place of production.
CA Prabhat Gupta
(Manager (Indirect Taxes))
(821 Points)
Replied 06 January 2012
For your reference the above mentioned Rules are attached below:
CA Prabhat Gupta
(Manager (Indirect Taxes))
(821 Points)
Replied 09 January 2012
Sidhardh for your reference please find the link for the Circular I had referred in the private message sent to you:
https://www.servicetax.gov.in/circular/st-circular07/st_circ_97-2k7.htm