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Hiring of tanker lorry for fire water purpose

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19 June 2013 Dear sir,

we are a manfg.co using tanker lorry for the purpose of fire water

water is taken from our Co. the only use of the vehicle is hiring of tanker lorry

It is covered under which service?

if the service provider will not claim service tax,do we need to pay Service tax under reverse charge?

Pls explain

thanks
karthik

19 June 2013 You will pay the service tax on these services under reverse charge system under the GTA.

19 June 2013 1)Service by way of transportation of goods by road is in negative list – except services of Goods Transport Agency (GTA) and Courier Agency

(*) No service tax if consignment note not issued. Simple transport Bill is not ‘consignment note’

So in my opinion GTA will not be applicable if there is no consignment note..

Dear experts please correct me if i am wrong

Thanks & regards
Ganesh babu k




20 June 2013 Ok, I go by Mr. Ganeshbabu because the party is not supplied water he only hiring vehicle

what my doubt is why it is not come under "supply of intangible goods" since the hydra and truck are coming under this service.

thanks
karthik

20 June 2013 If your services is not covered under the mega exemption notification no. 25/2012-ST then you should pay the service tax on any services.

20 June 2013 it means supplier service? or company's nature of service?

20 June 2013 Yes..i do agree..it is taxable as declared services

1)Section 66E(e) of Finance Act, 1994 states that following is a ‘declared service’ – transfer of goods by way of hiring, leasing, licensing or in any such manner without transfer of right to use such goods.

2)If possession and control is transferred, then it is transfer of right to use and State Vat applies.

3)If possession and control is not transferred (e.g. driver of motor vehicle or operator of the equipment is of the owner of equipment), service tax will be payable.

4)Till 30-6-2012, this was termed as ‘Supply of Tangible Goods for Used Service’

Thanks & regards
Ganesh babu k



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