Courier service as gta

3326 views 6 replies

Dear Experts,

Greetings!

We are receiving bills from Courier Agencies on which service tax is being charged. Our management has decided to charge Service Tax on the basis of Reverse Charge Mechanism. I suggest that it being a Courier Agency, only TDS liability shall fall on the company side irrespective of the goods transported by road/rail/air as the same is not mentioned in the courier bill.

Please suggest how can I stand on the part of TDS liability and not on Service Tax based on some relevant case laws.

Waiting in anticipation for Experts to reply.

Regards

Toms Abraham

Replies (6)

Dear

u r right. Courier Agency service is not covered under  reverse charge mechanism so there is no question of charging service tax on reverse charge basis. Kindly refer the Notificatio no. 30/2012 dated 20/6/2012.

No reverse charge on Courier Agency services. Transportation of goods by road by a courier agency is a taxable service.

Dear Mr. Agarwal,

How can we know that the courier agency has transported the goods through road or any other mode of transport as there will be nothing mentioned on the bill. Apart from that the agency will be charging service tax on their bill. In that case can we reverse the service tax by issuing a debit note and applying reverse charge mechanism.

 

Awaiting for your Reply.

Regards

Toms

The courier agency maybe using GTA for which it wouldbe liable on reverse charge basis. As far as the company recives the courier bill it need not charge ST on reverse charge absis.

The revenue cannot  say it is a GTA as far as the company is concerned. They wouldhave to approach trhe Courier agency itslef.

Dear Mr. Hiregange,

 

Thanks for your valuable reply. I would like to confirm that who will bear the burden of proof in case we opt not to pay the service tax under reverse charge mechanism on the basis of the bill provided by the courier agency. Also the definition of courier services include a point called "time sensitive material". Please explain the definition is the company while providing material to the courier agency does not specify any time limit of delivery.

Waiting in anticipation for your reply.

 

Regards

Toms Abraham

Dear Mr. Abraham,

You rightly said that we know that we will never know whetehr the courier agency has transported the goods through road or any other mode of transport as there will be nothing mentioned on the bill. But then we don't need to know that. 

 

If the service is that of Courier Agency Service, than the entire tax liability is that of the service provider and reverse charge is not applicable. Reverse charge is a statutory charge vide notification no. 30/2012 and you can not reverse the charge by issue of Debit Note. You may however take Cenvat Credit on the Service Tax mentioned in the Bill subject to other conditions.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured 15 June 2026
Senior Auditor

N. Dhawan & Co

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 30 June 2026
Taxation Content Writer Intern

Interactive Media Pvt Ltd.

New Delhi

CA Inter

View Details
Company
25 June 2026
AUDIT MANAGER

JDAS & ASSOCIATES

New Delhi

CA

View Details
Company
ARTICLESHIP 07 July 2026
Articleship

Jawahar and Associates Chartered Accountants

Hyderabad

CA Inter

View Details
Company
ARTICLESHIP 30 June 2026
2 posts Article assistant and Articleship completed students

Chirag N Shah & Associates

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 27 June 2026
Article

SNCO

Mumbai

CA Inter

View Details
Company
29 June 2026
ACCOUNTANT

SANDEEP AASHISH & CO

Araria

B.Com

View Details
Company
06 July 2026
C.A./CA Inter OR pursuing C.A./GST/Accounts/Audit/IT - Head

Arvindkumar Maniar & Co.

Rajkot

CA

View Details