CELINE GEORGE
This Query has 6 replies

This Query has 6 replies

21 February 2015 at 12:45

Mega exemption notification no 25/2012

We are a CHA and also provide GTA services. For providing the service of transportation of goods to our clients, we hire trucks from other GTAs. Now as per point no 22 of the mega exemtion notification, services of hiring of trucks ((a means of transport) provided to a GTA are exemot from service tax.

We however do not charge our clients separately for transportaton but include the same in the "Attendance and agency charges". It is very clearly stated in our contract with the client that we would charge them on a turnkey basis and agency charge would included transportaion.

Now the department is of the view that since we have not charged them separately for transportation, we have not actually provided any transportation service, and that in order to enjoy benefit of the said exemtion, we should have actually provided transportation service. As a result of this, they state that we cannot enjoy the benefit of the exemption and hence we are liable to pay service tax under the reverse charge mechanism.

Query 1: Is their stand correct?

Query 2: Cant we prove that we have in deed provided transporation service by produing the copy of our contract with the client which clearly states that agency charges include transporation?

Query 3: Is there a case law available that can be presented in our defense?


Siva Kumar G
This Query has 1 replies

This Query has 1 replies

21 February 2015 at 11:16

Reverse charge mechanism

A Company made use of Legal services of a firm of advocates in the month of June 2014.

The company got registered under service tax only in the month of October 2014.

Service Tax liability was not discharged by the advocates firm in the invoice raised by them citing reverse charge liability lies with the company.

The contention of Company is that since registration was done only in the month of October, no liability in their part?

Who has to discharge the liability??


prakash
This Query has 1 replies

This Query has 1 replies

21 February 2015 at 08:03

Service tax payment

suppose i paid service tax of a month and thereafter any bill cancelled of that period , now my question is how can i adjust in tally of service tax payment so that no diff show in debit & credit entry ? eg: service tax (cr). 40000 service tax pay(dr).40000 now , after cancellation of bill service tax(cr). 38000 service tx paid(dr) 40000 diff. amount. 2000


Divya Jeswani
This Query has 1 replies

This Query has 1 replies

20 February 2015 at 23:18

Servicetax

A Ltd. receives taxable services frm BLtd. of USA on 28-8-2013 for 6L.B Ltd raises invoice on 5-9-2013.A Ltd makes payment on 6-1-2014.Plz do guide what is point of taxation ,



Anonymous
This Query has 1 replies

This Query has 1 replies

20 February 2015 at 20:19

Service tax applicable on air freight.

Hello
I have query regarding the service tax. I am working with CHA company. I am confused in service tax applicable on air freight. Please confirm air freight service is taxable or not. In both condition import or export.
I will be glad if anyone could help me.


CA Parul Saxena
This Query has 2 replies

This Query has 2 replies

20 February 2015 at 16:30

Service tax on transporters

can somebody please explain limit of Rs.750 and Rs.1500 in case of service tax on transporters???


vishal kapoor
This Query has 1 replies

This Query has 1 replies

20 February 2015 at 14:46

Query-urgent

Hi,
A company registered in india provide services to the foreign clients only.
Whether service tax is liable on him?
or it is exempt under export of service.

Thanks


SahilMahajan
This Query has 1 replies

This Query has 1 replies

20 February 2015 at 14:27

Advertisement in newspaper

Is service tax liable for newspaper advertisement to media agency??


CA Santosh Srivastava
This Query has 3 replies

This Query has 3 replies

20 February 2015 at 11:33

Service tax on royalty

Is service tax on royalty payable for payments made by wholly owned subsidiary to its parent company.

Please provide reference/Case laws also



Anonymous
This Query has 1 replies

This Query has 1 replies

I have 2 ques:

Point no 1: Can a small scale service provider claim cenvat credit before crossing the threshold limit of Rs: 10 lac.

Point no 2: Registration is mandatory as soon as turnover exceeds limit of Rs: 9 lac. Can one get registration at the beginning of his business, if not, why?






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