service tax on logistics

kalpesh (Student) (43 Points)

19 June 2009  

I have one query.

My company is an SEZ UNIT and takes services of a logistics company for import clearances.

let the name of the logistic company be A.

now A takes services of some third party for clearing our import shipments and that third party charges service tax to A.

A collects the whole amount collected by the third party agent from them along with service tax as reimbursements, but in A's invoice no service tax is mentioned, its only included in the reimbursement portion for which the third party chrages service to A and A in turn collects the whole amount along with service tax from us.

My question is can A collect the whole reimbursement from us or the service tax portion must not be collected as sez are exempt from service tax and he is taking the serrvices of the third party wholly for the sezs

can we claim refund of the service tax paid to A.

plz advice.