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Service tax on transport if debit note raised

Umesh (1) (174 Points)

20 June 2014

Dear Experts

I have a query, We purchase some material form 'A' ,transport charges paid by 'A' and raise Debit note to us.

So in this case whos liability of Service tax on transport.

Please help me out.

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1 Replies

Venkatanarayana GM (Partner associate at Hiregange & Associates) (1279 Points)
Replied 20 June 2014

Dear Mr. Umesh ,

I think in that case also your liable to pay service tax because reading of statutory provision says that "

“person liable for paying service tax”,-
(i) in respect of the taxable services notified under sub-section (2) of section 68 of the Act, means,-
(A) in relation to service provided or agreed to be provided by an insurance agent to any person carrying
on the insurance business, the recipient of the service.
(B) In relation to service provided or agreed to be provided by a goods transport agency in respect of
transportation of goods by road, where the person liable to pay freight is,-
(I) any factory registered under or governed by the Factories Act, 1948 (63 of 1948);
(ll) any society registered under the Societies Registration Act, 1860 (21 of 1860) or
under any other law for the time being in force in any part of India;
(lll) any co-operative society established by or under any law;
(lV) any dealer of excisable goods, who is registered under the Central Excise Act,1944
(1 of 1944) or the rules made there under;
(V) anybody corporate established, by or under any law; or
(Vl) any partnership firm whether registered or not under any law including association of
persons;
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:
Provided that when such person is located in a non-taxable territory, the provider of such service
shall be liable to pay service tax.